Murari KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31893 of 2026
                 Arising Out of PS. Case No.-67 Year-2026 Thana- MAGADH UNIVERSITY District- Gaya
                 ======================================================
                 Murari Kumar, Son of Sukhlal Mahto, Resident of Village- Kesapi, P.S.-
                 Dobhi, District- Gaya.

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Shashi Kant, Advocate
                 For the Opposite Party/s :     Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-05-2026                    Heard the parties.

                                2. Petitioner seeks regular bail in connection with

                   Magadh University P.S. Case No. 67 of 2026 registered for the

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

                   and Excise Act.

                                3. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. It is submitted that nothing has been recovered

                   from the conscious possession of the petitioner and he was

                   apprehended merely on the basis of suspicion. Learned counsel

                   further submits that the petitioner was neither the driver nor the

                   owner of the Totto from which liquor was allegedly recovered

                   and he was merely travelling as a passenger. It is also submitted

                   that the alleged liquor was concealed beneath the seat of the
           Patna High Court CR. MISC. No.31893 of 2026(2) dt.12-05-2026
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                     Totto and the petitioner had no knowledge regarding the same.

                     Learned counsel further submits that both seizure witnesses are

                     members of the raiding party and therefore, the legality of the

                     seizure itself becomes doubtful. It is also submitted that the

                     petitioner has only one antecedent of similar nature in which he

                     is already on bail and is in custody since 23.02.2026.

                                  4. Learned APP for the State has opposed the prayer

                     for bail of the petitioner.

                                  5. In the facts and circumstances of this case, and

                     considering the statements made in the petition as well as the

                     above submissions, coupled with the fact that the main

                     witnesses to the recovery are police personnel, so, the release of

                     the petitioner on bail at this stage will not affect the prosecution

                     in any manner, hence, in my opinion, the petitioner deserves to

                     be released on bail. Accordingly, let the petitioner named-above

                     be released on bail on furnishing bail bond of Rs. 20,000/-

                     (Rupees Twenty Thousand) with two sureties of the like amount

                     each to the satisfaction of the concerned Court in connection

                     with Magadh University P.S. Case No. 67 of 2026.



                                               (Shailendra Singh, J)
maynaz/krishna-

U      T