Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18694 of 2026 Arising Out of PS. Case No.-11 Year-2026 Thana- NANIJOR District- Buxar ====================================================== 1.

Aman Kumar S/O Kamlesh Singh Resident of Garhani Padriya, P.SCharpokhari, District- Bhojpur. 2.

Rahul Kumar S/O Hareram @ Bhola Singh Resident of Garhani Padriya, P.S- Charpokhari, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishal Kumar, Advocate Ms. Jaya Sonam, Advocate Mr. Amit Anand, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-03-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in connection with Nainijore P.S. Case No.11 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. The case of the prosecution, in short, is that from the possession of these petitioners altogether 19.08 liter of country made foreign liquor were recovered.

4. Learned counsel appearing on behalf of the petitioners has submitted that nothing has been recovered from the possession of these petitioners. Learned counsel for the

Patna High Court CR. MISC. No.18694 of 2026(2) dt.24-03-2026 2/2 petitioners has further submitted that the witnesses of the seizure list are police personnel and police have not complied Section 105 of the BNSS while making seizure. Learned counsel for the petitioners has further submitted that recovery has been made from an open place. Learned counsel for the petitioners has lastly submitted that the petitioners are having no criminal antecedent and they are in judicial custody since 17.02.2026.

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 petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the court of learned Special Judge, Excise Court no.2, Buxar in connection with Nainijore P.S. Case No.11 of 2026. (Ashok Kumar Pandey, J) durgesh/- U T