IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11594 of 2026 Arising Out of PS. Case No.-12 Year-2026 Thana- Excise P.S. District- Kishanganj ====================================================== 1. Sudhir Kumar S/o- Late Baikunth Singh R/v- Ram Nagar Diyara, Ps- Athmalgola Dist- Patna 2. Manoj Kumar S/o- Sudhir Ram R/v- Birjumilki Ps- Harnauth Dist- Nalanda ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 2 17-02-2026 Heard the parties. 2. The petitioners are in custody in connection with Special Case No. 13 of 2026 (arising out of Utpad Thana/Madhya Nisedh P.S./Kishanganj Excise P.S. Case No. 12 of 2026) dated 03.01.2026, registered for an offence under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act. 3. The learned counsel for the petitioners submits that total 235.140 litres of foreign liquor/beer was recovered from a bus bearing registration no. BR01PL9624. The learned counsel for the petitioners further submits that the petitioner no.1 is driver and petitioner no.2 is co-driver (khallasi) of the bus in question and nothing has been recovered from the Patna High Court CR. MISC. No.11594 of 2026(2) dt.17-02-2026 2/3 conscious possession of the petitioners. He further submits that the petitioners were apprehended at the spot. He further submits that the petitioners have got no criminal antecedent and they are in judicial custody since 04.01.2026. 4. The learned A.P.P. for the State opposes the prayer for bail of the petitioners. 5. Considering the aforesaid facts, let the, above named, petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise- II, Kishanganj in connection with Special Case No. 13 of 2026 (arising out of Utpad Thana/Madhya Nisedh P.S./Kishanganj Excise P.S. Case No. 12 of 2026), subject to the condition as laid down under Section 437(3) of the Code of Criminal Procedure/480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the conditions that:- (i) one of the bailors shall be family member/close relative of the petitioners; (ii) the petitioners will cooperate in the trial. The court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the Patna High Court CR. MISC. No.11594 of 2026(2) dt.17-02-2026 3/3 court below shall take steps for cancellation of bail bonds of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. AjayMishra/- (Ritesh Kumar, J) U T