IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3674 of 2026 Arising Out of PS. Case No.-428 Year-2025 Thana- EXCISE SHERGHATI District- Gaya ====================================================== Mahesh Kumar S/o Rajesh Chaudhary R/o Village - Chamruchak , P.s- Fatehpur District - Gaya jee ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Brijmohan Das, Advocate For the Opposite Party/s : Mr.Binod Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 27-01-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Sherghati P.S. Case No. 428 of 2025, instituted for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 300 liters of country made liquor was recovered from two motorcycles. Petitioner was arrested on the spot. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is Patna High Court CR. MISC. No.3674 of 2026(2) dt.27-01-2026 2/2 not the owner of the motorcycle rather he was passersby of the way and has become victim of circumstances. The petitioner is in custody since 19.12.2025 and has 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 petitioner. 6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sherghati P.S. Case No. 428 of 2025. manish/- (Rudra Prakash Mishra, J) U T