IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7663 of 2026 Arising Out of PS. Case No.-1336 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== 1. Vikash Kumar S/o Sudama Saw R/o Village - Das Mohalla, P.S - Nabinagar, District - Aurangabad 2. Vikash Kumar S/o Bhola Prasad R/o Village - Mangal Bazar, P.S - Nabinagar, District - Aurangabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bhaskar Shankar, Advocate For the Opposite Party/s : Mr.Suresh Prasad Singh, A.P.P. ====================================================== 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 Excise P.S. Case No. 1336 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 102.300 liters of country made liquor was recovered from car. Petitioners were arrested on the 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.7663 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. The petitioner No.2 is the owner of the alleged car and petitioner No.1 was found sitting in the said car. The petitioners have no knowledge regarding the nature of goods loaced on the vehicle. The petitioners are in custody since 01.12.2025 and have got one criminal antecedent each. 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 petitioner no.2 Vikash Kumar, son of Bhola Prasad, be released on bail after framing of charge, if not already framed and petitioner No.1 Vikash Kumar, son of Sudama Saw, 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 P.S. Case No. 1336 of 2025, subject to the following conditions: (I) One of the bailors shall be the petitioners’ own or Patna High Court CR. MISC. No.7663 of 2026(2) dt.10-02-2026 3/3 close member. (II) The petitioners shall appear on each and every date fixed during the trial and shall not remain absent on two consecutive dates without sufficient cause. (III) The petitioners shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial. In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioners. manish/- (Rudra Prakash Mishra, J) U T