Nagendra Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28900 of 2026 Arising Out of PS. Case No.-20 Year-2026 Thana- ADHAOURA District- Kaimur (Bhabua) ====================================================== 1.

Nagendra Kumar Ram Son of Late Ram Naresh Ram Resident of Village - Babhantalab, P.S.- Rohtas Gadh, District - Rohtas 2.

Kundan Kumar Ram Son of Ramjit Ram Resident of Village - Rohtas Gadh, P.S.- Rohtas Gadh, District - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-05-2026 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 Amendment Act.

3. The case of the prosecution is that from a Bolero vehicle, altogether 503.4 liters of illicit foreign liquor was 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. Learned counsel for the petitioner has submitted that petitioner no.1 is the driver of the said vehicle and petitioner no.2

Patna High Court CR. MISC. No.28900 of 2026(2) dt.05-05-2026 2/2 is passenger in the vehicle. They were unaware of the liquor.. It has further been submitted that nothing has been recovered from their possession. It has further been submitted that the witnesses of the seizure list are police personnel. Police has not complied Section 105 of the B.N.S.S. while making the seizure. Petitioners are having no criminal antecedent and they are in judicial custody since 20.03.2026.

5. Learned APP appearing for the State has vehemently opposed the application for 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 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-II), Kaimur at Bhabua in connection with Adhaura P.S. Case No. 20 of 2026. (Ashok Kumar Pandey, J) lata/- U T