Prince KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31706 of 2026
                         Arising Out of PS. Case No.-149 Year-2026 Thana- BYPASS District- Patna
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                 Prince Kumar son of Murari Prasad Resident of Goraiya Sthan, Bahari
                 Begampur, Ranipur Milki Chak, Patna City, Ps-bypass, Dist-Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kumar Ravi Shankar, Advocate.
                 For the Opposite Party/s :        Mr. Sanjay Kumar Pandey, 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 Section 30(a) of the Bihar Prohibition

                   and Excise Act.

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

                   altogether 87.200 liters of illicit country-made liquor was

                   recovered from the bushes near the house of Murari Prasad,

                                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. Nothing has been recovered from the possession of the

                   petitioner. He also submits that the recovery has been made

                   from an open place which has no evidentiary value in the eye of
           Patna High Court CR. MISC. No.31706 of 2026(2) dt.14-05-2026
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                     law. 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 15.04.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner is having criminal

                     antecedent of three cases, out of which, two cases are 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, Patna City

                     in connection with Bypass P.S. Case No. 149 of 2026.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T