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2026 DAILYLAW 3003 (PAT)

Arun Kumar v. The State of Bihar

CR. MISC./27389/2026 · 2026-04-23

Ashok Kumar Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27389 of 2026 Arising Out of PS. Case No.-79 Year-2026 Thana- Bikramganj Excise District- Rohtas ====================================================== 1. Arun Kumar, S/o Shivjee Paswan, R/o village - Gangati, ward no. 12, P.S.- Dawath, Distt.- Rohtas, Bihar 2. Chandan Kumar, S/o Arun Kumar, R/o village - Gangati, ward no. 12, P.S.- Dawath, Distt.- Rohtas, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 23-04-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners have prayed for regular bail in connection with Bikramganj Excise P.S. Case No. 79 of 2026 registered for the offence punishable under Sections 30(a), 30(e), 33, 34, 36, 41 and 62 of the Bihar Prohibition and Excise Act. 3. The case of the prosecution, in short, is that altogether 380.470 liters of illicit foreign liquor was recovered from the hay before the house of this petitioners. 4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have Patna High Court CR. MISC. No.27389 of 2026(2) dt.23-04-2026 2/2 committed no offence. They have been falsely implicated in this case. He also submits that nothing has been recovered from the possession of the petitioners. The witnesses of the seizure list are police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. He also submits that the recovery has been made an open place. Petitioners have no criminal antecedent. Moreover, the petitioners are languishing in judicial custody since 20.03.2026. 5. The application for bail is opposed by learned APP for the State. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise, Court No. 1, Rohtas at Sasaram in connection with Excise Bikramganj P.S. Case No. 79 of 2026. khushbu/- (Ashok Kumar Pandey, J) U T