IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12159 of 2026 Arising Out of PS. Case No.-115 Year-2026 Thana- Excise P.S. District- Kishanganj ====================================================== Babul Sah @ Bablu Sah Son of Late Manik Lal Sah Resident Of Village - Haripur (Jogbani), Ward No 12, PS- Forbesganj, Distt- Araria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vijay Kishore Bharti, Advocate For the Opposite Party/s : Mr.Pradeep Narain Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 23-02-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. Learned counsel for the petitioner is permitted to make necessary correction in para-4 of the application, in course of the day. 3. The petitioner seeks bail in connection with Special Case No. 116 of 2026, arising out of Madya Nisedh P.S. Case No. 115 of 2026, instituted for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. 4. The prosecution case, in short, is that total 2.880 liters liquor was recovered from the possession of the petitioner. Petitioner was arrested on the spot. 5. Learned counsel for the petitioner submits that the Patna High Court CR. MISC. No.12159 of 2026(2) dt.23-02-2026 2/2 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. The petitioner was passersby of the way and has become victim of circumstances. The petitioner is in custody since 29.01.2025 and has got one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Special Case No. 116 of 2026, arising out of Madya Nisedh P.S. Case No. 115 of 2026. manish/- (Rudra Prakash Mishra, J) U T