IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19786 of 2026 Arising Out of PS. Case No.-209 Year-2026 Thana- Excise P.S. District- East Champaran ====================================================== 1. Rupesh Kumar Paswan S/o- Suresh Paswan Resident of village- Govind Bara P.S- Fenhara, District- East Champaran 2. Brajesh Paswan S/o- Yogi Paswan Resident of village- Govind Bara P.S- Fenhara, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 25-03-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners have prayed for bail in connection with Excise P.S. Case No.209 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. 3. The case of the prosecution, in short, is that from the two bikes which the petitioners were riding on, altogether 189 liters of nepali country made liquor were recovered and from the bike of another co-accused Md. Jawed, 51 liters of nepali country made liquor was recovered. 4. Learned counsel appearing on behalf of the petitioners has submitted that nothing has been recovered from Patna High Court CR. MISC. No.19786 of 2026(2) dt.25-03-2026 2/2 the possession of these petitioners. Learned counsel for the petitioners has further submitted that the witnesses of the seizure list are police personnel and police has not complied Section 105 of the BNSS while making seizure. It has further been submitted that the petitioners are having no criminal antecedent and they are in judicial custody since 23.01.2026. 5. The application for bail is opposed by learned APP for the State. 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the court of learned Exclusive Special Excise court no. 02, East Champaran, Motihari in connection with Excise P.S. Case No.209 of 2026. durgesh/- (Ashok Kumar Pandey, J) U T