Durjay Paul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1525 of 2026 Arising Out of PS. Case No.-1072 Year-2025 Thana- Excise P.S. District- Purnia ====================================================== Durjay Paul Son of Nepal Paul Resident of Bachmari, Babu Para, Ward no. 11, Ps- Old Malda, Dist- Malda West Bengal ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jaishankar Kumar Yadav, Adv.

For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sadar Excise PS Purnia Case No. 1072 of 2025 instituted for the offences under Sections 30(a) & 47 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 3537.720 liters of foreign liquor was recovered from the truck and the petitioner was arrested on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that the petitioner is the driver of the vehicle in question and he has no knowledge regarding the nature

Patna High Court CR. MISC. No.1525 of 2026(2) dt.19-01-2026 2/2 of goods kept in the vehicle. The petitioner is in custody since 28.10.2025 and has got clean criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sadar Excise PS Purnia Case No. 1072 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Siddharth Soni/- U T