IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5958 of 2026 Arising Out of PS. Case No.-385 Year-2025 Thana- DHANAHA District- West Champaran ====================================================== 1. Atul Kumar S/O Birendrasingh Resident of Village- purbapatti,bidhuna, P.S.-bidhuna District- Auraiya 2. Bambam Chaudhari S/O Madan Chaudhari R/O Village- Tulsiyahi, PS- bihara, Distt-Saharsa ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rambabu Yadav, Advocate For the Opposite Party/s : Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 31-01-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Dhanaha P.S. Case No. 385 of 2025, instituted for the offences punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 282 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 from Patna High Court CR. MISC. No.5958 of 2026(2) dt.31-01-2026 2/3 the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. Learned counsel for the petitioners also submitted that the petitioners are not owner of the car in question rather petitioner no. 1 was driver and and petitioner no. 2 was sitting in that car and both of them have got no knowledge with regard to the nature of goods loaded in the vehicle. The petitioners are in custody since 29.11.2025 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 Dhanaha P.S. Case No. 385 of 2025, subject to the following conditions; (I) One of the bailors shall be own/close member of the family of the petitioners. Patna High Court CR. MISC. No.5958 of 2026(2) dt.31-01-2026 3/3 (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 the bail bonds of the petitioners. Rajorshi/- (Rudra Prakash Mishra, J) U T