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2026 DAILYLAW 13692 (PAT)

Pachu Kumar v. The State of Bihar

CR. MISC./30322/2026 · 2026-05-11

Arun Kumar Jha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30322 of 2026 Arising Out of PS. Case No.-48 Year-2026 Thana- BALRAMPUR District- Katihar ====================================================== 1. Pachu Kumar S/o Late Bachchu Uraon Resident of Mohalla- Mewalal Chowk, Ward No. 24, P.S. - Maranga, District- Purnea. 2. Monu Kumar S/o Late Ganpat Das R/o Mohalla - Rajni Chowk Bhatha Bajar, Ward No. 25, P.S - Sahayak Khajanchi, District – Purnea. 3. Ritik Kumar S/o Ashok Chaudhary R/o Mohalla - Shivshakti Nagar, Ward No. 24, P.S - Maranga, District – Purnea. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 11-05-2026 Heard learned counsel for the petitioners and learned APP for the State. 02. In the present case, the petitioners seek bail in connection with Balrampur P.S. Case No. 48 of 2026 registered for the alleged offences under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016. 03. As per prosecution case, during checking of vehicles, the petitioners and co-accused Md. Raji were apprehended travelling in an Auto from which recovery of 92.280 liters of foreign liquor was made. 04. Learned counsel for the petitioners submits that Patna High Court CR. MISC. No.30322 of 2026(2) dt.11-05-2026 2/3 the petitioners are innocent and have been falsely implicated in this case. Nothing incriminating has been recovered from their person or possession. From the FIR, it is clear that one of the co-accused persons, namely Md. Raji fled away from the clutches of the police when the Auto was intercepted and petitioners were arrested but true fact of the case is that co- accused Md. Raji was the driver-cum-owner of the Auto in which he was carrying illicit liquor and the petitioners were passengers who were going to Barsoi Railway Station and they have no concern with the Auto or the liquor in question. The witnesses are all officials and no independent witnesses have been examined. The petitioners are having clean antecedent and they are in custody since 26.03.2026. 05. Learned APP for the State opposes the submission made on behalf of the petitioners. 06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the clean antecedent of the petitioners and their period of custody, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-I, Katihar/court Patna High Court CR. MISC. No.30322 of 2026(2) dt.11-05-2026 3/3 concerned in connection with Balrampur P.S. Case No. 48 of 2026, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions: (i) One of the bailors will be a close relative of the petitioners. (ii) The petitioners will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned. Ashish/- (Arun Kumar Jha, J) U T