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Patna High CourtCR. MISC./23064/2026allowed

Leel Singh v. The State Of Bihar

2026-04-08Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23064 of 2026 Arising Out of PS. Case No.-7 Year-2026 Thana- Naya Bhojpur District- Buxar ====================================================== 1.

Leel Singh S/O Padam Singh Resident of Village- Akora, Ranigaon, P.S.- Chohtan, District- Barmer, Rajasthan.

2.

Junjar Singh S/o Kump Singh Resident of Village- Ramdariya, Akora, P.S.- Chohtan, District- Barmer, Rajasthan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Rai Sharma, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, 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 7866.72 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. The petitioners are merely a driver and a co-driver of the said truck.

Patna High Court CR. MISC. No.23064 of 2026(2) dt.08-04-2026 2/2 They were unaware of the alleged consignment. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. There is no independent witness of the seizure list rather they are police personnel and police has not followed Section 105 of BNSS while preparing seizure list. Moreover, they are languishing in judicial custody since 09.01.2026 having no criminal antecedent.

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 Naya Bhojpur P.S. Case No. 07 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 Excise Special Court No. 1, Buxar.

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