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2026 DAILYLAW 23199 (PAT)

Prem Kumar Roy v. The State of Bihar

CR. MISC./44504/2026 · 2026-07-08

Ramesh Chand Malviya

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44504 of 2026 Arising Out of PS. Case No.-195 Year-2026 Thana- Excise P.S. District- Araria ====================================================== 1. Prem Kumar Roy, aged about 32 years, Gender-Male, S/o Late Bindu Roy, Resident of Ward No. 15, Vill.- Chochahi Bharpura, P.S.- Bibhutipur, District- Samastipur, Bihar 2. Dhiraj Kumar, aged about 25 years, Gender-Male, S/o Late Ram Bhagat Singh @ Late Ram Singh @ Ram Singh Resident of Ward No. 13, Vill.- Chochahi Bharpura, P.S.- Bibhutipur, District- Samastipur, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Keshav Bhardwaj, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 2 08-07-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners are in custody in a case registered for the offence punishable under Section 30(a) of the Bihar Excise and Prohibition Act, 2018. 3. As per allegation in the FIR, total 96 liters of illicit Mahua has been recovered from a Scorpio vehicle bearing registration no.BR-01PB-9731. 4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. He next submits that nothing has been recovered from the conscious Patna High Court CR. MISC. No.44504 of 2026(2) dt.08-07-2026 2/2 possession of the petitioners nor the petitioners is the owner of the said vehicle and they have no concern about the recovery of the seized liquor and they are in custody since 28.05.2026. 5. Learned APP for the State opposes the prayer for bail of the petitioners. 6. In view of the aforesaid submissions as made by learned counsel for the petitioners, let the above named petitioners 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 learned Exclusive Special Judge (Excise)-II, Araria in connection with Araria Excise P.S. Case No. 195 of 2026. Brajesh Kumar/- (Ramesh Chand Malviya, J) U T