Ompal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23219 of 2026 Arising Out of PS. Case No.-305 Year-2025 Thana- KOPA District- Saran ====================================================== 1.

Ompal Singh S/O Late Lokesh Singh R/O Village- Muthiyani, P.S- Jarcha, Distt.- Gautam Budh Nagar (U.P.).

2.

Rohit Kumar S/o Ghanshyam Singh @ Ghan Shyam Singh R/O VillageMuthiyani, P.S- Jarcha, Distt.- Gautam Budh Nagar (U.P.). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chetna For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 07-05-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek bail in connection with Kopa P.S. Case No. 305 of 2025, District- Saran, dated 10.12.2025 registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act, 2022 and Sections 317 (5), 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. As per the allegation, 1593 liters of illicit foreign liquor was recovered from a container truck and the petitioners, being the Driver and the Cleaner were found present in the said container truck.

4. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.23219 of 2026(3) dt.07-05-2026 2/3 that the petitioners are the driver and cleaner of the truck in question and they were not aware of the consignment of illicit foreign liquor. It has further been submitted that with respect to the offence under Section 317 (5) of BNS, it has not been ascertained that any case with respect to theft of the container truck was previously lodged and, without ascertaining the same, the charge-sheet has been filed. It has further been submitted that the petitioners are the first offenders and are in custody since 11.12.2025.

5. Learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

6. Heard the parties and perused the record.

7. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Excise Court No. 03, Saran (Chapra), in connection with Kopa P.S. Case No. 305 of 2025 dated 10.12.2025.

8. It is made clear that petitioners will be represented on each and every date fixed in the trial court and upon their failure on two consecutive dates without reasonable

Patna High Court CR. MISC. No.23219 of 2026(3) dt.07-05-2026 3/3 explanation, the court below would be at liberty to cancel the bail bonds of the petitioners.

(Praveen Kumar, J) Pawan/- U T