IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37103 of 2026 Arising Out of PS. Case No.-236 Year-2026 Thana- SIWAN MUFFASIL District- Siwan ====================================================== 1. Kundan Kumar Ray S/o Shyam Kumar Ray Resident of Village- Derwa Mathiya, P.S.- Kesharia, District- Motihari 2. Mandip Kumar S/o Bhola Sahani Resident of Village- Derwa Mathiya, P.S.- Kesharia, District- Motihari ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dewanand Tiwari, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 18-06-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners have prayed for bail in connection with Siwan Mufassil P.S. Case No.236 of 2026 registered for the offence punishable under Sections 111 & 3(5) of the BNS and under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. 3. The case of the prosecution, in short, is that from a truck altogether 785.500 liters of illicit foreign liquor was recovered. 4. Learned counsel appearing on behalf of the petitioners has submitted that nothing has been recovered from the possession of the petitioners. It has been submitted that the witnesses of the seizure list are police personnel and police have Patna High Court CR. MISC. No.37103 of 2026(2) dt.18-06-2026 2/2 not complied Section 105 of the BNSS while making seizure. It has been submitted that the petitioners are driver and co-driver of the said truck and they were unaware of the consignment. It has been submitted that the petitioners are having no criminal antecedent and they are in judicial custody since 24.04.2026. 5. The application for bail is opposed by learned APP for the State. 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 with the following conditions:- (i) the petitioners shall co-operate in the trial and (ii) one of the bailors should be near relative of the petitioners. 7. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each of them with two sureties of the like amount each to the satisfaction of the court of learned Exclusive Special Excise Court No.-2, Siwan in connection with Siwan Mufassil P.S. Case No. 236 of 2026. durgesh/- (Ashok Kumar Pandey, J) U T