Laxman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17225 of 2026 Arising Out of PS. Case No.-121 Year-2026 Thana- EXCISE PALIGANJ District- Patna ====================================================== Laxman Kumar S/O Mahesh Bind R/o Vill.- Isha Bigha(Ise Bigha),, P.SSikariya,Dist- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Pushpa Sinha.1, 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 Special Excise Case No. 232 of 2026, arising out of Paliganj P.S. Case No.121 of 2026 registered for the offence punishable under Sections 30(a) & 56(b) of the Bihar Prohibition of Excise (Amendment) Act.

3. The case of the prosecution, in short, is that from a tempo altogether 160 liters of country made liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is the driver of the said tempo. Learned counsel for the petitioner has further submitted that the petitioner was unaware of the alleged illicit liquor and recovery thereof. It has further been 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

Patna High Court CR. MISC. No.17225 of 2026(2) dt.23-03-2026 2/2 seizure list are police personnel and police has not complied Section 105 of the BNSS while making seizure. Learned counsel for the petitioner has further submitted that the petitioner is having no criminal antecedent and he is in judicial custody since 02.02.2026.

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 learned Special Excise Judge, Danapur, District-Patna in connection with Special Excise No.232 of 2026, arising out of Paliganj P.S. Case No.121 of 2026. (Ashok Kumar Pandey, J) durgesh/- U T