Viru Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14842 of 2026 Arising Out of PS. Case No.-13 Year-2026 Thana- EXCISE PUPRI District- Sitamarhi ====================================================== Viru Kumar S/o Sikandra Ray @ Sikendra Ray @ Sikindra Ray Resident of Village- Madhuban Basha, P.S.- Bajpatti, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dwij Raj, Advocate Ms. Harsha Shashwat, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Pupri Excise P.S. Case No.13 of 2026 registered for the offence punishable under Sections 30(a) and 32(c) of Bihar Prohibition and Excise(Amendment) Act.

3. The case of the prosecution, in short, is that from the bike which was being driven by this petitioner, altogether 135 liter of Nepali country made liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that nothing has been recovered from the possession of this petitioner. Learned counsel for the petitioner has further submitted that the witnesses of the seizure list are police personnel and police have not complied Section

Patna High Court CR. MISC. No.14842 of 2026(3) dt.15-04-2026 2/2 105 of the BNSS while making seizure. It has further been submitted that the petitioner is not the owner of the said bike. Learned counsel for the petitioner has further submitted that the petitioner is having no criminal antecedent and he is in judicial custody since 07.01.2026.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the court of learned Special Judge, Exclusive Excise Court No.-II, Sitamarhi in connection with Pupri Excise P.S. Case No.13 of 2026. (Ashok Kumar Pandey, J) durgesh/- U T