IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29484 of 2026 Arising Out of PS. Case No.-37 Year-2026 Thana- BITHAN District- Samastipur ====================================================== 1. Ajay Kumar S/o Shatrughan Ray R/o Village - Sirsia, P.S - Bithan, District - Samastipur. 2. Raja Kumar @ Vikash Kumar S/o Ranvijay Kumar Mahto @ Ranvijay Kumar R/o village - Pusaho, P.S - Bithan, District - Samastipur. 3. Ranvijay Kumar Mahto @ Ranvijay Kumar S/o Late Ram Khelawan Mahto R/o Village - Pusaho, P.S- Bithan, District - Samastipur. 4. Anjesh Kumar S/o Sushil Yadav R/o Village - Paridah, P.S - Hasanpur, District - Samastipur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sarbottam Kumar Sarkar, Advocate For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 06-05-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. 3. The case of the prosecution is that from a truck, altogether 540 liters and from a house, altogether 106.5 liters illicit foreign liquor were recovered. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Patna High Court CR. MISC. No.29484 of 2026(2) dt.06-05-2026 2/2 Learned counsel for the petitioners has submitted that nothing has been recovered from the possession of the petitioners. Petitioner no. 1 and petitioner no. 4 are the driver and cleaner of the said truck respectively and petitioner no. 3 is the owner of the vehicle and petitioner no. 2 is his son. There is no independent witness of the seizure list rather they are police personnel and police has not complied Section 105 of BNSS while preparing the seizure list. Moreover, the petitioners are languishing in judicial custody since 17.03.2026. 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 petitioners on bail. The above named petitioners are directed to be released on bail in connection with Bithan P.S. Case No. 37 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 2nd , Samastipur. Shubham/- (Ashok Kumar Pandey, J) U T