Guddu Kumar @ Brijmohan KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27407 of 2026
                      Arising Out of PS. Case No.-28 Year-2026 Thana- FESHAR District- Aurangabad
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                 Guddu Kumar @ Brijmohan Kumar S/O Krishna Yadav Resident of Village-
                 Mahthu, P.S- Jamhor, Distt.- Aurangabad.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sarfraz Ahmad, Advocate
                 For the Opposite Party/s :       Mr. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   04-05-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Fesar P.S. Case No. 28 of 2026 registered for the offence

                   punishable under Section 30(a) of the Bihar Prohibition &

                   Excise Act.

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

                   pickup van, altogether 480 liters of country-made liquor were

                   recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that nothing has been recovered from the

                   possession of the petitioner; rather, the recovery has been made
           Patna High Court CR. MISC. No.27407 of 2026(2) dt.04-05-2026
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                     from the said pickup van in which he is merely a co-driver. He

                     further submits that the witnesses of the seizure list are police

                     personnel and the police has not complied with Section 105 of

                     the BNSS while making the seizure. Moreover, the petitioner is

                     languishing in judicial custody since 14.03.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner has criminal

                     antecedent of two cases of similar nature.

                                  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 with the condition

                     that the petitioner shall not indulge himself in similar nature

                     of offences in future. 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 learned Special Judge, Excise No. II,

                     Aurangabad in connection with Fesar P.S. Case No. 28 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T