Harish KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20814 of 2026
                     Arising Out of PS. Case No.-175 Year-2026 Thana- ARA NAGAR District- Bhojpur
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                 Harish Kumar Son of Late Bharat Prasad Mahto @ Bharat Mahto Resident of
                 village- Rauza Mohalla, Ps- Ara Town, Dist- Bhojpur
                                                                            ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Ali Muqtadir Ahmad, Advocate
                 For the Opposite Party/s :       Mr. Md. Anzarul Haque Sahara, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   02-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Ara Town P.S. Case No.175 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 near

                   Mokoka School, 32.4 liter of country made foreign liquor and

                   255 liter of country made mahua liquor, altogether 287.4 liter of

                   illicit liquor was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that the name of this petitioner has

                   surfaced on the basis of statement of spy. It has further been

                   submitted that nothing has been recovered from the possession

                   of this petitioner. Learned counsel for the petitioner has further
            Patna High Court CR. MISC. No.20814 of 2026(2) dt.02-04-2026
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                      submitted that from perusal of the seizure list it is clear that the

                      recovery was made from an open place. Learned counsel for the

                      petitioner has further submitted that the witnesses of the seizure

                      list are police personnel and police have not complied Section

                      105 of the BNSS while making seizure. Learned counsel for the

                      petitioner has further submitted that the petitioner is having no

                      criminal antecedent and he is in judicial custody since

                      04.03.2026.

                                   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 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 court of learned

                      Exclusive Special Excise Court-I, Bhojpur at Ara in connection

                      with Ara Town P.S. Case No.175 of 2026.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T