IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90979 of 2025 Arising Out of PS. Case No.-403 Year-2025 Thana- KHIJARSARAI District- Gaya ====================================================== Sudhir Kumar S/O Surendra Chaudhary R/O Village- Shanti Nagar, P.S.- Khizarsarai, District - Gaya Ji. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Durgesh Nandan, Advocate For the Opposite Party/s : Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 12-01-2026 Heard Mr. Durgesh Nandan, learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State. 2. The petitioner seeks bail in connection with Khizarsarai PS Case No. 403 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 50 liters liquor was recovered from motorcycle. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is not the owner of the motorcycle and he has no Patna High Court CR. MISC. No.90979 of 2025(2) dt.12-01-2026 2/2 concern with the same. The petitioner is in custody since 09.11.2025 and has got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner 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 Khizarsarai PS Case No. 403 of 2025. Raj Kishore/- (Rudra Prakash Mishra, J) U T