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2026 DAILYLAW 3674 (PAT)

Gajendra Sah v. The State of Bihar

CR. MISC./17809/2026 · 2026-03-24

Ashok Kumar Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17809 of 2026 Arising Out of PS. Case No.-1 Year-2026 Thana- JITNA District- East Champaran ====================================================== 1. Gajendra Sah S/O Ekbal Sah @ Ramakbal sah R/O Vill.- Jhanjra, P.S.- Jitna, District- East champaran 2. Mohan Kumar S/O Ekbal Sah @ Ramakbal sah R/O Vill.- Jhanjra, P.S.- Jitna, District- East champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 24-03-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners have prayed for bail in connection with Jitna P.S. Case No.01 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excisde Act. 3. The case of the prosecution, in short, is that altogether 180 liters of Nepali country made liquor was recovered from the possession of these petitioners. 4. Learned counsel appearing on behalf of the petitioners has submitted that nothing has been recovered from the possession of these petitioners. Learned counsel for the petitioners has submitted that the witnesses of the seizure Patna High Court CR. MISC. No.17809 of 2026(2) dt.24-03-2026 2/2 list are police personnel and police has not complied Section 105 of the BNSS while making seizure. Learned counsel for the petitioners has further submitted that the petitioners are having no criminal antecedent and they are in judicial custody since 04.01.2026. 5. The application for bail is opposed by learned APP for the State. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the court of learned Exclusive Special Excise Court No.-III, East Champaran, Motihari in connection with Jitna P.S. Case No.01 of 2026. durgesh/- (Ashok Kumar Pandey, J) U T