Patna High CourtCR. MISC./9049/2026bail granted

Banti Kumar v. The State Of Bihar

2026-02-12Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9049 of 2026 Arising Out of PS. Case No.-330 Year-2025 Thana- SURYAGARHA District- Lakhisarai ====================================================== 1.

Banti Kumar S/O Prakash Yadav R/O Village- Bannu- Bagicha, P.S- Bannu Bagicha, Distt.- Lakhisarai.

Nitish Kumar S/O Umesh Yadav R/O Village- Sitarampur, P.S- Suryagarha, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brajesh Sahay, Advocate Ms. Harshita, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-02-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Suryagarha P.S. case No. 330 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 120 liters liquor was recovered from motorcycle.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.9049 of 2026(2) dt.12-02-2026 2/2 further submitted that petitioner No. 1 was driving the motorcycle and petitioner No. 2 was sitting as pillion rider. They have no concern with the seized liquor. The petitioners are in custody since 17.12.2025 and have got one criminal antecedent each. There is no compliance of Section 103 of B.N.S.S., 2023.

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

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

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Suryagarha P.S. case No. 330 of 2025.

(Rudra Prakash Mishra, J) Pankaj/- U T