Nagendra Prasad @ Nagendra KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29847 of 2026
                       Arising Out of PS. Case No.-1761 Year-2026 Thana- Excise P.S. District- Patna
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                 Nagendra Prasad @ Nagendra Kumar S/o Jay Dayal Ray @ Jaydayal Ray R/o
                 Rambagh, P.S. - Maner, Dist. - Patna.
                                                                         ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Mithilesh Kumar, Advocate
                 For the Opposite Party/s :         Mr. Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   07-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Excise (Patna) P.S. Case No. 1761 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 the

                   police had information that one man is indulged in the business of

                   liquor. On this input, from a semi-constructed house, altogether

                   200.19 liters of illicit foreign liquor was 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. Learned counsel also submits that from perusal of the

                   seizure list, it is clear that the recovery has not been made from
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                     the possession of the petitioner, rather the recovery has been made

                     from a semi-constructed house which does not belong to the

                     petitioner. He further submits that t he 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, a

                     statement has been made in para 3 of the petition that petitioner

                     has no criminal antecedent and he is languishing in judicial

                     custody since 20.03.2026.

                                  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 learned

                     Exclusive Special Judge, Excise-III, Patna in connection with

                     Excise (Patna) P.S. Case No. 1761 of 2026.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T