RakeshversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21106 of 2026
                  Arising Out of PS. Case No.-68 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
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                 Rakesh S/O Sunera Resident of R/O Village- Gorar (52-R), P.S- Kharkhoda,
                 Distt.- Sonipat, Hariyana.
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Aquaib Khan, Advocate
                 For the Opposite Party/s :        Mr. Nityanand, 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 Bhabhua Excise P.S. Case No.68 of 2026 registered for the

                   offence punishable under Sections 30(a), 32(i)(iii) & 41(i)(ii) of

                   the Bihar Prohibition and Excise (Amendment) Act.

                                3. The case of the prosecution, in short, is that

                   altogether 225 liters of illicit foreign liquor was recovered from

                   a car.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that the petitioner is driver of the

                   vehicle. Learned counsel for the petitioner has further submitted

                   that the petitioner was unaware of the alleged liquor in the

                   vehicle. It has further been submitted that nothing has been

                   recovered from the possession of this petitioner. Learned
            Patna High Court CR. MISC. No.21106 of 2026(2) dt.02-04-2026
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                      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 08.02.2026.

                                   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 Judge (Excise)-II, Kaimur at Bhabhua in

                      connection with Bhabhua Excise P.S. Case No.68 of 2026.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T