Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22927 of 2026 Arising Out of PS. Case No.-20 Year-2026 Thana- PATAHI District- East Champaran ====================================================== Subodh Kumar, Son of Sanjay Yadav @ Sanjay Ray, Resident of Village - Gonahi, P.S.- Patahi, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act.

3. The case of the prosecution, in short is that from a Bolero vehicle, altogether 251.400 liters of Nepali county made liquor was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Nothing has been recovered from his possession. He is not the owner of the said vehicle. He was only passenger in that vehicle. He has no concern with the alleged recovery. It has further been submitted that the witnesses

Patna High Court CR. MISC. No.22927 of 2026(2) dt.07-04-2026 2/2 of the seizure list are police personnel. Police has not complied Section 105 of the B.N.S.S. while making the seizure. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 24.01.2026.

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 petitioner on bail. The above named petitioner is directed to be released on bail in connection with Patahi P.S. Case No. 20 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 02, East Champaran at Motihari.

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