IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11917 of 2026 Arising Out of PS. Case No.-765 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== 1. Md. Ibrahim S/o- Md. Arshad Malik Resident of ward no- 22 naya tola Isha Nagar, PS- Phulwarisharif Dist- Patna 2. Aditya Kumar (Driver) S/o- Umesh Prasad R/v- Mithapur, W.No-18, Ps- Janakpur Jakkanpur Dist- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Varun Kumar Trivedi, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 19-02-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Prohibition and Excise P.S. Case No. 765 of 2025, instituted for the offences punishable under Sections 30(a), 32(i)(iii) and 31(i) (ii) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 105.300 liters liquor was recovered from car and both the petitioners were arrested on spot. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have Patna High Court CR. MISC. No.11917 of 2026(2) dt.19-02-2026 2/3 got no concern with the alleged recovery of liquor. Learned counsel for the petitioners also submitted that petitioners are not the owner of the car in question rather petitioner no. 1 was sitting in the car and petitioner no. 2 was driver of that car and both of them have got no knowledge with regard to the nature of goods loaded in the vehicle. The petitioners are in custody since 24.12.2025 and have got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Prohibition and Excise P.S. Case No. 765 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners. Patna High Court CR. MISC. No.11917 of 2026(2) dt.19-02-2026 3/3 (II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners. Rajorshi/- (Rudra Prakash Mishra, J) U T