IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55567 of 2026 Arising Out of PS. Case No.-94 Year-2026 Thana- BHIMPUR District- Supaul ====================================================== 1. Md Somirul S/o Md Gayanuddin R/o Vill.- Hariju, PS- Fasidava, District -Darjeeling (West Bengal) 2. Raja Mandal S/o Sonamohan Mandal R/o Vill.- Gausaypur, PS- Bagdogara, Dist.- Darjeeling (West Bengal) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Prasoon Kumar, Advocate For the Opposite Party/s : Ms.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 13-08-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with S.T. Excise No. 554 of 2026 arising out of Bhimpur P.S. Case No. 94 of 2026 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 249 liters liquor was recovered from car and the petitioners were arrested on 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 Patna High Court CR. MISC. No.55567 of 2026(2) dt.13-08-2026 2/3 from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is further submitted that the petitioner no. 01 is the driver and the petitioner no. 2 is the passenger of the vehicle in question. The petitioners are in custody since 06.06.2026 and have got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023. 5. Learned A.P.P. 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, since the petitioner no. 01 is the driver of the vehicle, this Court is inclined to grant bail to the petitioner no. 01 after framing of charge. 7. Let the petitioner no. 1 be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with S.T. Excise No. 554 of 2026 arising out of Bhimpur P.S. Case No. 94 of 2026. 8. So far as petitioner no. 02 is concerned, since the petitioner has no concern with the vehicle , this Court is inclined to grant bail to petitioner no.2. Patna High Court CR. MISC. No.55567 of 2026(2) dt.13-08-2026 3/3 9. Let the petitioner no. 02 be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with S.T. Excise No. 554 of 2026 arising out of Bhimpur P.S. Case No. 94 of 2026. saurav/- (Rudra Prakash Mishra, J) U T