Ganesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25799 of 2026 Arising Out of PS. Case No.-34 Year-2026 Thana- Excise P.S. District- Bhojpur ====================================================== 1.

Ganesh Kumar Son of Kailash Sah Resident of Vill.- Narayanpur Derhpur, P.S.- Mahnar, Dist.- Vaishali.

2.

Ravi Shankar Kumar Son of Ram Gulam Singh Resident of Vill.- Narayanpur Derhpur, P.S.- Mahnar, Dist.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s :

Mrs. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-04-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in connection with Excise (Ara) P.S. Case No. 34 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

3.The case of the prosecution, in short, is that from a Bolero vehicle, altogether 181.440 liters of illicit foreign liquor were recovered.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. He also submits that petitioner no. 1 is the driver of the said

Patna High Court CR. MISC. No.25799 of 2026(2) dt.18-04-2026 2/2 Bolero vehicle, whereas petitioner no. 2 is the friend of petitioner no. 1. He further submits that nothing has been recovered from the possession of the petitioners. They are unaware of the illicit liquor being kept in the said vehicle. The witnesses of the seizure list are police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. Moreover, a statement has been made in para 3 of the petition that petitioners have no criminal antecedent and they are languishing in judicial custody since 13.02.2026.

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 petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No. II, Bhojpur at Ara in connection with Excise (Ara) P.S. Case No. 34 of 2026. (Ashok Kumar Pandey, J) Sudhanshu/- U T