IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23043 of 2026 Arising Out of PS. Case No.-38 Year-2026 Thana- MANIHARI District- Katihar ====================================================== Mahesh Mahto S/O- Raj Kumar R/V- Manihari Indra Nagar, W.No-2, Ps- Manihari Dist- Katihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pawan Kumar Singh For the Opposite Party/s : Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 08-04-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act. 3. The case of the prosecution is that from the bank of river ganga, altogether 336 liters of country made liquor and 66.125 liters of illicit foreign liquor were recovered. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that the recovery was made from the boat. The petitioner is neither the boatman nor the passenger, he was just waiting there. It has further been submitted that nothing has been recovered from the possession Patna High Court CR. MISC. No.23043 of 2026(2) dt.08-04-2026 2/2 of the petitioner. The witnesses of the seizure list are police personnel and police has not complied Section 105 of BNSS while preparing seizure list. A statement has been made in para- 3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 11.02.2026. 5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Manihari P.S. Case No. 38 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-II, Katihar. shubham/- (Ashok Kumar Pandey, J) U T