Batohi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17352 of 2026 Arising Out of PS. Case No.-90 Year-2025 Thana- PIPRIYA District- Lakhisarai ====================================================== Batohi Kumar, S/o Karu Yadav, Resident of village - Pipariya, P.S - Pipariya, District - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmveer, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Pipariya P.S. Case No. 90 of 2025 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. The case of the prosecution, in short, is that from the bank of Ganga river from a bathan, altogether 140 liters of country made 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. Learned counsel for the petitioner has submitted that as per the case of the prosecution, three persons started fleeing away and the local villagers have disclosed the name of this petitioner. Nothing has

Patna High Court CR. MISC. No.17352 of 2026(2) dt.23-03-2026 2/2 been recovered from the possession of this petitioner. The recovery was made from an open place. The bathan does not belong to this petitioner. The witnesses of the seizure list are police personnel. Police has not complied Section 105 of B.N.S.S. while making the seizure. Petitioner is languishing in judicial custody since 24.01.2026.

5. Learned APP appearing for the State has vehemently opposed the application for bail and has submitted that petitioner is having criminal antecedent of four cases. Out of which one is of similar nature.

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 Additional District and Sessions Judge-VII-cum-Exclusive Special Excise Court-II, Lakhisarai in connection with Pipariya P.S. Case No. 90 of 2025.

(Ashok Kumar Pandey, J) lata/- U T