IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14357 of 2026 Arising Out of PS. Case No.-2 Year-2026 Thana- MALAHI District- East Champaran ====================================================== 1. Sunil Yadav S/O Balishter yadav Resident Of Village - Chatiya Diyar, P.s.- Malahi, Dist.- East Champaran. 2. Mohan Yadav S/O Sakaldeo Yadav Resident Of Village - Barharwa, P.s.- Malahi, Dist.- East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar, Advocate For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 13-03-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Malahi P.S. Case No. 02 of 2026, instituted for the offences punishable under Section 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 60.060 liters liquor was recovered from car. Petitioner No.1 arrested on the spot. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from Patna High Court CR. MISC. No.14357 of 2026(3) dt.13-03-2026 2/2 the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. The petitioner No.1 was arrested on the spot, who disclosed the name of petitioner No.2. Learned counsel further submitted that the petitioners were neither owner nor driver of the vehicle. The petitioners have no concerned with the alleged seized liquor in any manner nor involved in trade of illicit liquor. The petitioners are in custody since 04.01.2026 and have got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Malahi P.S. Case No. 02 of 2026. manish/- (Rudra Prakash Mishra, J) U T