IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No 11828 of 2026 Arising Out of PS. Case No.-231 Year-2025 Thana- Lakho District- Begusarai ====================================================== Nasir @ Sonu @ Nasir S/o Aabid Ali R/o village - Mokan no. 180, Nek Nampur Fulri Barwala Nikat Baksari Mil, P.S. - Gadhmukteshwar, Dist. - Hapur, State - Uttar pradesh ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Arjun Prasad For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR JUSTICE RITESH KUMAR ORAL ORDER 2 17-02-2026 Heard the parties. 2 The petitioner is in custody in connection with Lakho PS Case No 231 of 2025 for allegedly having committed an offence under Sections 30 (a), 32 (i) (ii) and 41 (i) of the Bihar Prohibition and Excise Act and Sections 336 (3), 340 (i) (ii) and 318 (4) of the BNS. 3 The learned counsel for the petitioner submits that 4617 liters of foreign made liquor was seized from a truck bearing Registration No JK-14-K4538. The learned counsel for the petitioner further submits that the petitioner has got no concern with the alleged seized liquor, since he is only the Driver of the vehicle in question and the truck does not belong to him. He was not aware about the alleged liquor which was Patna High Court CR. MISC. No.11828 of 2026(2) dt.17-02-2026 2/3 loaded in his truck since he was obeying the dictates of the owner of the truck. The learned counsel for the petitioner further submits that the seizure list has been prepared in complete violation of the provisions of Section 103 of the BNSS, since no independent witness has come forward to support the case of the prosecution. It is further submitted that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is in custody since 10.12.2025 and he has got no criminal antecedent. 4 The learned APP opposes the prayer for bail vehemently. 5 Having heard the parties, let the petitioner above named be released on bail on his furnishing bail bond of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge I, Begusarai in connection with Lakho PS Case No 231 of 2025 subject to the condition as laid down under Section 480 (3) of the BNSS/437 (3) of the Cr P C with a condition that : (i) one of the bailors should be a close relative/family member of the petitioner, (ii) the petitioner will cooperate in the trial. Patna High Court CR. MISC. No.11828 of 2026(2) dt.17-02-2026 3/3 6 The learned trial Court shall verify the criminal antecedent of the petitioner and in case at any stage if it is found that the petitioner has concealed his criminal antecedent, then the Court below shall take steps for cancellation of his bail bond. However, the acceptance of the bail bond in terms of the above mentioned order shall not be delayed for the purpose of or in the name of verification. M.E.H./- (Ritesh Kumar, J) U