IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17831 of 2026 Arising Out of PS. Case No.-5 Year-2026 Thana- RAMGARHWA District- East Champaran ====================================================== 1. Md. Azad Alam S/o Md. Imtiyaz @ Md. Imtiyez Alam R/o Vill- Maker, P.S.- Akbarpur, Distt- Nawada 2. Rajeev Kumar S/o Sunil Sharma R/o Vill- Maker, P.S.- Akbarpur, Distt- Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, 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 regular bail in a case registered for the offence punishable under sections 338, 336(3), 340(2), 317(5) and 3(5) of BNS, Section 3/4 of Explosive Substance Act and Section 7 of E.C. Act. 3. The case of the prosecution is that in a oil tanker, altogether 12000 liters of ethanol was found. When the petitioners were being asked regarding the authority, it was found that the ethanol was four thousand less than the documents which were shown by the petitioners. 4. Learned counsel for the petitioners submits that the Patna High Court CR. MISC. No.17831 of 2026(2) dt.24-03-2026 2/3 petitioners are innocent and have committed no offence. Learned counsel for the petitioners has submitted that from perusal of the FIR, it is clear that the only allegation against the petitioners is that the oil tanker which was searched was having four thousand liters less of the ethanol according to the documents as produced before police. Learned counsel has submitted that regarding the insufficiency of the ethanol in the oil tanker, police has got no authority to check it, only authority is where there is overloading, it is not a case of overloading rather it is a case of under-loading. It is the owner of the container or the person who has to receive the consignment is the person who can ask about the deficiency in the amount of the ethanol. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 07.01.2026. 5. Learned APP appearing for the state has opposed the prayer of regular bail. 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 released on bail in connection with Ramgarhwa P.S. Case No. 05 of 2026 on furnishing bail bond of Patna High Court CR. MISC. No.17831 of 2026(2) dt.24-03-2026 3/3 Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., East Champaran at Motihari. Shubham/- (Ashok Kumar Pandey, J) U T