IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32692 of 2026 Arising Out of PS. Case No.-405 Year-2026 Thana- Excise P.S. District- Gaya ====================================================== 1. Raushan Kumar S/o Prahalad Mandal @ Prahalad Mahto R/o Village- Chhutiya, P.S.- Naamkum, District- Ranchi, State - Jharkhand. 2. Saurabh Mandal S/o Rajdut Mandal R/o Village - Kantatoli, P.S - Lohar Bazar, District - Ranchi, State - Jharkhand ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Niranjan Parihar, Advocate For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 13-05-2026 Heard Mr. Niranjan Parihar, learned counsel for the petitioners and Mr. Lakshmi Kant Sharma, learned Additional Public Prosecutor for the State. 2. Petitioners seeks bail who are in custody since 23.03.2026 in connection with Excise P.S. Case No. 405 of 2026, F.I.R. dated 23.03.2026 for the offences punishable under Sections 30(a) and 32(3) of Bihar Prohibition and Excise Act, 2016. 3. Recovery is of 67.500 liters of foreign liquor. 4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. It appears from the FIR as well as Patna High Court CR. MISC. No.32692 of 2026(2) dt.13-05-2026 2/3 seizure list that altogether 67.500 liters of foreign liquor has been recovered from the car in question and these petitioners are not the owner of the said car in question. He further submits that there is non-compliance of Sections 103/105 of the BNSS, 2023. The petitioners are in custody since 23.03.2026. 5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners. 6. Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.-III, Gaya in connection with Excise P.S. Case No. 405 of 2026, subject to the following conditions:- i. One of the bailors shall be the family members of the petitioners. ii. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. iii. If the petitioners tampers with the evidence or the Patna High Court CR. MISC. No.32692 of 2026(2) dt.13-05-2026 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. iv. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Vanisha/- (Rajesh Kumar Verma, J) U T