IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20723 of 2026 Arising Out of PS. Case No.-34 Year-2026 Thana- Excise Benipatti District- Madhubani ====================================================== 1. Nandu Sahni S/o Laxman Sahni R/o Rupoli, Ward No. 08, P.S.- Bisfi, District- Madhubani, State- Bihar 2. Raj Shekhar S/o Vijay Paswan R/o Ganguli, Ward No. 05, P.S.- Benipatti, District- Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shubham Kumar, Advocate For the Opposite Party/s : Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 01-04-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners have prayed for bail in connection with Benipatti Excise P.S. Case No.34 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The case of the prosecution, in short, is that from two bikes altogether 144 liters illicit liquor was recovered. 4. Learned counsel appearing on behalf of the petitioners has submitted that nothing has been recovered from the possession of these petitioners. They are merely the owner of the bikes. It has further been submitted that the witnesses of Patna High Court CR. MISC. No.20723 of 2026(2) dt.01-04-2026 2/2 the seizure list are police personnel and police has not complied Section 105 of the BNSS while making seizure. Learned counsel for the petitioners has further submitted that the petitioners are in judicial custody since 07.02.2026. 5. The application for bail is opposed by learned APP for the State. Learned APP has submitted that the petitioners are having criminal antecedent of one case each. 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 Judge, Excise court, Madhubani in connection with Benipatti Excise P.S. Case No.34 of 2026. durgesh/- (Ashok Kumar Pandey, J) U T