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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5952 of 2026 Arising Out of PS. Case No.-389 Year-2025 Thana- SAUR BAZAR District- Saharsa ======================================================
1. Moti Kumar S/O Raman Kumar Singh R/O Ward No.-02, Village- Dehad, P.S- Sonbarsa Raj, Distt.- Saharsa.
2. Arpit Kumar Singh S/O Late Bhushan Singh R/O Ward No.-02, Village- Dehad, P.S- Sonbarsa Raj, Distt.- Saharsa.
3. Ashish Singh S/O Randhir Singh R/O Ward No.-02, Village- Dehad, P.S- Sonbarsa Raj, Distt.- Saharsa. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Aditya Raj, Advocate For the Opposite Party/s : Mr. Awadhesh Kumar Singh, 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 Saur Bazar P.S. Case No. 389 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 210 litres of liquor has been recovered from buckets.
4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. No incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.5952 of 2026(2) dt.31-01-2026 2/2 possession of the petitioners rather the recovery has been made from an open place which is accessible to public at large. The petitioners have got no concern with the alleged recovery of liquor The petitioners are in custody since 27.11.2025 and have no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika 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 as also 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 Saur Bazar P.S. Case No. 389 of 2025.
Alok Verma/- (Rudra Prakash Mishra, J) U T