IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23677 of 2026 Arising Out of PS. Case No.-292 Year-2026 Thana- Excise P.S. District- Kishanganj ====================================================== 1. Munshi Kumar S/O Kishunlal Ray R/O Village-Raghunathpur, Ward no. 13, PS- Halai, District- Samastipur 2. Golu Kumar S/O Balbir Yadav R/O Village- Rajajan Ward no. 02, PS- Mansi, Distt-Khagaria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 08-04-2026 Heard Mr. Ram Prawesh Kumar, learned counsel for the petitioners and Mr. Dr. Kumar Uday Pratap, learned APP for the State. 2. Petitioners seek bail, who are in custody since 12.03.2026, in connection with Madya Nisedh P.S. Case No. 292 of 2026 giving rise to Special Case no. 295 of 2026, F.I.R. dated 12.03.2026 registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act. 3. Recovery is of 218.600 litres of foreign liquor. 4. Learned counsel for the petitioners submits that the petitioners have clean antecedents and they have been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the Patna High Court CR. MISC. No.23677 of 2026(2) dt.08-04-2026 2/3 petitioners have not committed any offence as alleged in the F.I.R. He further submits that from perusal of the F.I.R. it appears that nothing has been recovered from the conscious possession of the petitioners rather recovery has been made from the vehicle in question and altogether 218.600 litres of foreign liquor was recovered from the vehicle in question. He further submits that from perusal of the seizure list it appears that there is non- compliance of Sections 103 and 105 of BNSS, 2023 and the petitioners are in custody since 12.03.2026. 5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioners. 6. Considering the facts and circumstances of the case and the fact that the petitioners having clean antecedents and there is non-compliance of Sections 103 and 105 of the BNSS, 2023, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-II, Kishanganj in connection with Madya Nisedh P.S. Case No. 292 of 2026 giving rise to Special Case no. 295 of 2026, subject to the following conditions :- (1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court Patna High Court CR. MISC. No.23677 of 2026(2) dt.08-04-2026 3/3 and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below. (2) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. (3) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Ibrar//- (Rajesh Kumar Verma, J) U T