IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7362 of 2026 Arising Out of PS. Case No.-990 Year-2025 Thana- MANER District- Patna ====================================================== 1. Dilip Kumar S/o Late Birbal Rai R/o Vill.- Haldi Chhapra, Badal Tola, P.s.- Maner, Dist.- Patna 2. Virmani Kumar S/O Ram Jiwan Rai R/o Vill.- Haldi Chhapra, Badal Tola, P.s.- Maner, Dist.- Patna ... ... petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the petitioner No.1/s : Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 10-02-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. At the outset, learned counsel for the petitioner No.2 seeks permission of this Court to withdraw the present bail application as against petitioner No.2 on account of petitioner No.2 being granted bail by this Court on subsequent bail application filed by another learned counsel, of which the present counsel for the petitioners was not aware. 3. Permission is accorded. Accordingly, the present bail application is dismissed as withdrawn as against petitioner No.2. 4. The petitioner No.1 seeks bail in connection with Patna High Court CR. MISC. No.7362 of 2026(2) dt.10-02-2026 2/3 Maner PS Case No. 990 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 5 The prosecution case, in short, is that 450 liters country made liquor was recovered, out of which 150 liters was recovered from motorcycle, 75 liters from plastic jar and 225 liters from street shop. 6. Learned counsel for the petitioner No.1 submits that the petitioner No.1 is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner No.1. The petitioner No.1 has got no concern with the alleged recovery of liquor. It is submitted that petitioner No.1 is not the owner of the motorcycle and he has no concern with the same. The petitioner No.1 is in custody since 28.12.2025 and has got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023. 7. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner No.1. 8. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner No.1, this Court is inclined to grant bail to the petitioner No.1. Patna High Court CR. MISC. No.7362 of 2026(2) dt.10-02-2026 3/3 9. Let the petitioner No.1 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 Maner PS Case No. 990 of 2025. Raj Kishore/- (Rudra Prakash Mishra, J) U T