IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16435 of 2026 Arising Out of PS. Case No.-254 Year-2026 Thana- Excise P.S. District- Sitamarhi ====================================================== 1. Bhola Kumar S/o- Laxman Sahni Village - Orlahiya ward no.3 P.S.- Kanhauli Dist.- Sitamarhi 2. Deepak Kumar S/o- Ram Pratap Sahni Village - Orlahiya, P.S.- Kanhauli Dist.- Sitamarhi 3. Mohan Kumar S/o- Jagdish Mahto R/v- Dostia, W.No-7, Ps- Bhutahi Dist- Sitamarhi ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Virendra Kumar, Advocate For the Opposite Party/s : Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 13-03-2026 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 section 30(a) of the Bihar Prohibition and Excise Act. 3. The case of the prosecution is that from six sacks, altogether 174 liters of nepali liquor was recovered. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Learned counsel for the petitioners has submitted that nothing has been recovered from the conscious possession of the Patna High Court CR. MISC. No.16435 of 2026(2) dt.13-03-2026 2/2 petitioners. They have no knowledge regarding the alleged recovery and also they have no concern with the alleged recovery. The witnesses of the seizure list are police personnel and police has not complied Section 105 of BNSS while preparing seizure. Moreover, the petitioners are languishing in judicial custody since 30.01.2026. 5. Learned APP appearing for the State has vehemently 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 Sitamarhi Excise P.S. Case No. 254 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No-II, Sitamarhi. shubham/- (Ashok Kumar Pandey, J) U T