Vinay Kumar @ Lala @ Lal SahversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31686 of 2026
                        Arising Out of PS. Case No.-66 Year-2026 Thana- TARAIYA District- Saran
                 ======================================================
                 Vinay Kumar @ Lala @ Lal Sah S/o Late Yogendra Sah @ Late Yogendra
                 Prasad Sah Resident of Village- Kishunpur, P.S.- Bheldi, Dist.- Saran



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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar, Advocate.
                 For the Opposite Party/s :       Mr. Ahmad Ali, APP
                 ======================================================
                 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 registered for the

                   offence punishable under Sections 30(a) and 41(1) of the Bihar

                   Prohibition and Excise Act.

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

                   the fields, altogether 1568 liters of spirit 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 from perusal of the FIR it is clear that

                   the recovery was made from an open place. He further submits
Patna High Court CR. MISC. No.31686 of 2026(2) dt.14-05-2026
                                            2/3




          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. He further submits that during the

          course of investigation, it has come that the spirit belongs to the

          petitioner which is completely based on suspicion. Moreover,

          the petitioner is languishing in judicial custody since

          28.03.2026.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner has got criminal

          antecedents of 13 cases.

                       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 conditions

          that the petitioner shall cooperate in trial, shall remain

          physically present on each and every date fixed by the

          learned court below, one of the bailors shall be his near

          relative and shall also mark his weekly attendance at Maker

          P.S. 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 3rd Exclusive Special Excise Court,
           Patna High Court CR. MISC. No.31686 of 2026(2) dt.14-05-2026
                                                       3/3




                     Saran at Chapra in connection with Taraiya P.S. Case No. 66 of

                     2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T