IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2348 of 2026 Arising Out of PS. Case No.-1329 Year-2025 Thana- EXCISE KAHALGAON District- Bhagalpur ====================================================== 1. Vikram Kumar @ Jhotu Yadav S/o- Munna Ray R/v- Tarahhasia @ Tarasiya Ps-Ganga bridge Dist- Vaishali 2. Gaurav Kumar S/o- Binod Sharma R/v- Tarahhasia @ Tarasiya Ps-Ganga bridge Dist- Vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Baijnath Sah, Advocate For the Opposite Party/s : Mr.Nityanand, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 19-01-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Excise (Kahalgaon) P.S. Case No. 1329 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 107.46 liters liquor was recovered from car. 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 the conscious possession of the petitioners. The petitioners have Patna High Court CR. MISC. No.2348 of 2026(2) dt.19-01-2026 2/3 got no concern with the alleged recovery of liquor. Learned counsel further submitted that the petitioners are driver and co- driver of the vehicle and they have no knowledge regarding the goods loaded in the vehicle. The petitioners are in custody since 10.12.2025 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 Excise (Kahalgaon) P.S. Case No. 1329 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners. (II) The petitioners 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 Patna High Court CR. MISC. No.2348 of 2026(2) dt.19-01-2026 3/3 the bail bonds of the petitioners. manish/- (Rudra Prakash Mishra, J) U T