IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36329 of 2026 Arising Out of PS. Case No.-391 Year-2025 Thana- ROSERA District- Samastipur ====================================================== Saurabh Kumar Sah Son of Mukti Sah Resident of Village- Malahipur, Marachiujagar, P.S.- Hasanpur, District- Samastipur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar Das, Advocate For the Opposite Party/s : Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 09-06-2026 Heard learned counsel for the petitioner and learned APP for the State through virtual mode. 2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a), 41(1), 41(2) & 36 of the Bihar Prohibition and Excise Act, 2022. 3. Perusal of the first information report and the seizure list would go to show that total 1495.540 liters of foreign liquor is said to have been recovered from a truck and 324 liters of foreign liquor from a tempo. However, the petitioner is only concerned with 324 liters of foreign liquor. 4. It is submitted by learned counsel for the petitioner that the name of the petitioner has surfaced in this case subsequently during investigation. The petitioner is neither the owner nor the driver of the said tempo. There is no recovery Patna High Court CR. MISC. No.36329 of 2026(2) dt.09-06-2026 2/2 from the conscious or physical possession of the petitioner. It is further submitted that several similarly situated co-accused have already been granted the privilege of bail vide Annexure-P/2 series to this application. There is violation of Section 103 of the B.N.S.S. Petitioner has no criminal antecedent and has been languishing in custody since 17.04.2026. 5. Taking into consideration the fact and circumstances of the case and also considering the fact that there is violation of Section 103 B.N.S.S. coupled with the fact that petitioner has no criminal antecedent, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Rosera P.S. Case No. 391 of 2025. Trivedi/- (Soni Shrivastava, J) U T