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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7259 of 2026 Arising Out of PS. Case No.-27 Year-2026 Thana- Excise P.S. District- Kishanganj ======================================================
1. Raj Kumar @ Raju Kumar S/o Late Ramdev Mahto R/o Village - Mali Tola Dih, P.S - Nagar (Town Thana), District - Begusarai
2. Biglu Uranw @ Biglu Uraon S/o Late Chamayu Uraon R/o Village - Sadbhaiya, P.S - Naxalbari, District - Darjeeling, State - West Bengal
3. Ramek Ray S/o Late Wakil Rai R/o Village - Sadbhaiya, P.S - Naxalbari, District - Darjeeling, State - West Bengal ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Avinash Kumar, Advocate Mr. Ambrish Kumar, Advocate For the Opposite Party/s : Mr. Akbar Ali, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 10-02-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Madya Nisedh PS Case No. 27 of 2026 instituted for the offences under Sections 30(a) & 32(3) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 930 liters foreign liquor was recovered from pickup vehicle.
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.7259 of 2026(2) dt.10-02-2026 2/3 the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is submitted that petitioners are not the onwner of the vehicle and they have no concern with the same. It is submitted that police have implicated them on extraneous consideration. The petitioners are in custody since 10.01.2026 and have got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. 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/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Madya Nisedh PS Case No. 27 of 2026, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.7259 of 2026(2) dt.10-02-2026 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
Raj Kishore/- (Rudra Prakash Mishra, J) U T