Patna High CourtCR. MISC./15451/2026bail granted

Aakash Kumar v. The State Of Bihar

2026-03-13Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15451 of 2026 Arising Out of PS. Case No.-45 Year-2026 Thana- Excise P.S. District- Buxar ====================================================== 1.

Aakash Kumar S/o Santosh Kumar @ Santosh Kumar Shrivastav Resident of Village- Samanpura (Rajabazar), P.S.- Rupaspur, District- Patna 2.

Aaditya Kumar S/o Ajay Kumar Yadav Resident of Village- Usari Laxmichak Sikarpur, P.S.- Sahpur, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Tiwari, Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-03-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Buxar Excise P.S. case No. 45 of 2026 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 83.640 liters liquor was recovered from car and the petitioners were arrested on spot.

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

Patna High Court CR. MISC. No.15451 of 2026(2) dt.13-03-2026 2/2 have got no concern with the alleged recovery of liquor. It is further submitted that petitioner No. 1 is the driver of the car and the petitioner No. 2 was passenger sitting in the car and they had no knowledge regarding the nature of goods kept in vehicle. The petitioners are in custody since 02.02.2026 and have got no criminal antecedent. 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, clean antecedent of the petitioners 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 Buxar Excise P.S. case No. 45 of 2026.

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