IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41891 of 2026 Arising Out of PS. Case No.-230 Year-2026 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1. Dilip kumar @ Dilip Ram son of Baijbnath Ram @ Baijnath Ram @ Baidyanath Ram Resident of village - Godhawa, Ps- Kotwa, Dist- East Champaran 2. Prakash Kumar Sah son of chhotelal Sah Resident Of Village - Shekh toli, Ps- Kotwa, Dist- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 29-06-2026 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 Section 111(1) of B.N.S. and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. 3. The case of the prosecution is that from a banana orchard, altogether 52 liters of spirit kept in two buckets was recovered. 4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. They have no concern with the alleged recovery. Learned Patna High Court CR. MISC. No.41891 of 2026(2) dt.29-06-2026 2/2 counsel for the petitioners has submitted that nothing has been recovered from their possession. It has further been submitted that the witnesses of the seizure list are police personnel. Police has not complied Section 105 of the B.N.S.S. while making the seizure. The name of these petitioner has surfaced merely on the basis of suspicion. They are in judicial custody since 10.04.2026. 5. Learned APP appearing for the State has vehemently opposed the application for bail and has submitted that petitioners are having criminal antecedent of three cases of similar nature. 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, East Champaran at Motihari in connection with Muffasil P.S. Case No. 230 of 2026 with the condition that petitioners shall not indulge in similar nature of the offences in future. lata/- (Ashok Kumar Pandey, J) U T