Bhola Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17096 of 2026 Arising Out of PS. Case No.-318 Year-2025 Thana- Excise P.S. District- Saran ====================================================== Bhola Kumar Son of Gajendra Bhagat @ Gajendra Chaurasia Resident of Village- Ismailpur, P.S.- Doriganj, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Sadar Excise P.S. Case No. 318 of 2025 registered for the offence punishable under Sections 30(a), 32(3) of the Bihar Prohibition & Excise Act.

3. The case of the prosecution, in short, is that altogether 190.080 liters of illicit country made foreign liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that the petitioner is the driver of the said pick-up from which the recovery was made. Nothing has been

Patna High Court CR. MISC. No.17096 of 2026(2) dt.17-03-2026 2/2 recovered from the possession of this petitioner. He also submits that the witnesses of the seizure list are police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 03.12.2025.

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 learned Exclusive Special Excise Court No. 3, Saran at Chapra in connection with Sadar Excise P.S. Case No. 318 of 2025. (Ashok Kumar Pandey, J) Sudhanshu/- U T