IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16967 of 2026 Arising Out of PS. Case No.-5 Year-2026 Thana- Excise P.S. District- Banka ====================================================== Sikandar Kumar Chaudhary @ Sikandar Chaudhary, Son of Laddu Choudhary, Resident of village- Makduma, PS- Amarpur, Dist- Banka ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate For the Opposite Party/s : Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 16-03-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for bail in connection with Banka Excise P.S. Case No. 05 of 2026 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act. 3. The case of the prosecution, in short, is that altogether 25 liters of country made liquor and 150 liters of fertilized Mahua were recovered near canal. 4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. From perusal of the seizure list it is clear that the recovery has been made from near canal. He has no concern with the Patna High Court CR. MISC. No.16967 of 2026(2) dt.16-03-2026 2/2 alleged recovery. Nothing has been recovered from his possession. The witnesses of the seizure list are police personnel. Police has not complied Section 105 of B.N.S.S. while making the seizure. Petitioner is languishing in judicial custody since 08.01.2026. 5. Learned APP appearing for the State has vehemently opposed the application for bail and has submitted that petitioner is having criminal antecedent of one case of similar nature. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge Exclusive Excise Court-2, Banka in connection with Banka Excise P.S. Case No. 05 of 2026. lata/- (Ashok Kumar Pandey, J) U T