Arun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20735 of 2026 Arising Out of PS. Case No.-51 Year-2026 Thana- GAIGHAT District- Muzaffarpur ====================================================== Arun Kumar Son of Late Ram Ashish Rai Son of R/o Mohalla - Balthi Tole Benipur, P.S. - Bochaha, Dist. - Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Priyesh Kumar, Advocate For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 01-04-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Gaighat P.S. Case No.51 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short, is that from a pick-up altogether 744.48 liters of illicit foreign liquor was recovered.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is only the driver of the said vehicle. He was unaware of the illicit liquor. It has further been submitted that nothing has been recovered from the possession of the petitioner. Learned counsel for the petitioner
Patna High Court CR. MISC. No.20735 of 2026(2) dt.01-04-2026 2/2 has further submitted that the witnesses of the 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 03.03.2026.
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 Exclusive Special Excise Judge-III, Muzaffarpur in connection with Gaighat P.S. Case No.51 of 2026.
(Ashok Kumar Pandey, J) durgesh/- U T