Amit GuptaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33600 of 2026
                      Arising Out of PS. Case No.-149 Year-2026 Thana- KATEYA District- Gopalganj
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                 Amit Gupta S/o Shyamlal Gupta @ Shivlal Gupta Resident of Village- Kanthi
                 Patti, P.S.- Baghauchghat, District- Deoria (Uttar Pradesh)

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Dewanand Tiwari, Advocate
                 For the Opposite Party/s :       Mrs. Renu Kumari, APP
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                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   10-06-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State through virtual mode.

                              2. The petitioner seeks bail in a case registered for the

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

                   and Excise Amendment Act, 2022 and Section 317(5) of the

                   B.N.S.

                              3. Perusal of the first information report and the seizure

                   list would go to show that 261 liters of illicit liquor is said to

                   have been recovered from a dicky of the car. Petitioner is said to

                   be the driver of the car.

                               4. It is submitted by learned counsel for the petitioner

                   that there is no recovery from the conscious or physical

                   possession of the petitioner. The petitioner happens to be the

                   driver of the vehicle in question and he had no knowledge of
            Patna High Court CR. MISC. No.33600 of 2026(3) dt.10-06-2026
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                      keeping of the said liquor in the vehicle. He was plying the

                      vehicle at the instruction of his owner. There is violation of the

                      mandatory provisions of the search and seizure as there is no

                      independent witness to the seizure list. It is pointed out that the

                      charge-sheet has been submitted in this case. Petitioner has no

                      criminal antecedent and has been languishing in custody since

                      11.03.2026.

                                   5.    Taking      into     consideration   the   fact   and

                      circumstances of the case and also considering the fact that there

                      is non-compliance of the mandatory provisions of search and

                      seizure coupled with the fact that petitioner has no criminal

                      antecedent, the above named petitioner is directed to be

                      enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees

                      Ten Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Court below where the case is

                      pending/successor Court in connection with Kateya P.S. Case

                      No.149 of 2026.


                                                (Soni Shrivastava, J)

Trivedi/-

U       T