Mahesh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31639 of 2026
                    Arising Out of PS. Case No.-140 Year-2026 Thana- JAYNAGAR District- Madhubani
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                 Mahesh Kumar S/o Soukhi Yadav Resident of Village- Chharapatti, ward No.
                 04, P.S.- Jaynagar, District- Madhubani

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

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

2   14-05-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Jaynagar P.S. Case No. 140 of 2026 registered for the

                   offence punishable under Sections 274, 275, 317(5) of the

                   B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and

                   Excise Act.

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

                   Apache bike, which was being driven by the petitioner,

                   altogether 90 liters of country-made illicit 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. He also submits that the petitioners were unaware of the
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                     consignment kept in the said bike. He further submits that

                     nothing has been recovered from the possession of the

                     petitioner. 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, 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

                     26.03.2026.

                                  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, Madhubani in connection with

                     Jaynagar P.S. Case No. 140 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T