IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56778 of 2026 Arising Out of PS. Case No.-331 Year-2026 Thana- RAJAOLI District- Nawada ====================================================== 1. Akhlesh Prasad @ Akhilesh Prasad @ Bhagat Jee @ Akhilesh Yadav son of Madan Prasad Resident of village- Dhamni, Ps- Rajauli, Dist- Nawada 2. Sunny Kumar Son of Lalan Sao Resident of village- Maghra, Mitthi Kuan, Ps- Deepnagar, Dist- Nalanda ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shankar Kumar, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, 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 Rajauli P.S. Case No. 331 of 2026 instituted for the offences under Section 111 of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 172.665 liters liquor was recovered from Pick-up vehicle 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.56778 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 petitioner No.1 is the driver and petitioner No.2 is the co-driver of the vehicle in question and they had no knowledge with regard to nature of goods booked by the transporter. The petitioners are in custody since 20.06.2026 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, clean antecedent and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 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 Rajauli P.S. Case No. 331 of 2026, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner No.1. Patna High Court CR. MISC. No.56778 of 2026(2) dt.13-08-2026 3/3 (II) The petitioner No.1 shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner No.1. 8. Let the petitioner No.2 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 Rajauli P.S. Case No. 331 of 2026. sukriti/- (Rudra Prakash Mishra, J) U T