Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22992 of 2026 Arising Out of PS. Case No.-32 Year-2026 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== 1.

Ashok Kumar S/o- Ram Prakash Yadav Resident Of Village- Chhoti Gularia, Ps- Mau Darwaza, Dist- Farookabad, U.P 2.

Sukhbir S/o- Ram Naresh Resident Of Village- Chhoti Gularia, Ps- Mau Darwaza, Dist- Farookabad, U.P ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-04-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from a truck, altogether 888.66 liters of illicit foreign liquor was recovered.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Learned counsel for the petitioners has submitted that nothing has been recovered from the possession of the petitioners. They have been falsely implicated in this case. They are merely a

Patna High Court CR. MISC. No.22992 of 2026(2) dt.08-04-2026 2/2 driver and a co-driver of the alleged truck. They have no concern with the alleged recovery. The witnesses of the seizure list are police personnel and police has not followed Section 105 of BNSS while preparing seizure. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 15.02.2026.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

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 released on bail in connection with Industrial Area P.S. Case No. 32 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1-cum-Additional District and Sessions Judge, Vaishali at Hajipur.

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