IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15582 of 2026 Arising Out of PS. Case No.-2 Year-2026 Thana- Excise P.S. District- Saran ====================================================== Om Prakash @ Om prakash kumar Son of Raju Rai @ Raju Kumar Resident of Village- Badhiya, P.S.- Patepur, District- Vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Kumar Yadav, Advocate For the Opposite Party/s : Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 10-03-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Excise Sadar PS Case No. 02 of 2026 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 45.6 liters liquor was recovered, out of which 19.080 liters recovered from a bag which was in the possession of the petitioner. 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. It is submitted Patna High Court CR. MISC. No.15582 of 2026(2) dt.10-03-2026 2/2 that petitioner was merely passerby and has become the victim of the circumstances. The petitioner is in custody since 03.01.2026 and has 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 petitioner. 6. Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner 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/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise Sadar PS Case No. 02 of 2026 . Raj Kishore/- (Rudra Prakash Mishra, J) U T