Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27425 of 2026 Arising Out of PS. Case No.-23 Year-2026 Thana- Excise P.S. District- Saran ====================================================== 1.

Aditya Kumar, S/o Late Munna Kumar Singh, Resident of Village- Rewa, Ward No.12, Police Station- Saraiya, District- Muzaffarpur 2.

Satish Kumar @ Birbhajan @ Satya Kumar, S/o Rameshwar Singh, Resident of Village- Rewa, Ward No.12, Police Station- Saraiya, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-05-2026 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 Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in short, is that from a car, altogether 103.680 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 petitioners has submitted that petitioners are not concerned in any way with the car. The car is in

Patna High Court CR. MISC. No.27425 of 2026(2) dt.04-05-2026 2/2 the name of grandfather of the petitioner no.1. It has further been submitted that the seizure list witnesses are police personnel. Police has not complied Section 105 of the B.N.S.S. while making the seizure. It has further been submitted that the petitioners were forced by the police to become witness in a case to which they denied, that is why they framed in this case. They are languishing in judicial custody since 30.01.2026.

5. Learned APP for the State has vehemently opposed the prayer for bail and has submitted that petitioner no. 1 having criminal antecedent of three cases whereas petitioner no.2 is having criminal antecedent of four cases.

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 Court of 3rd Exclusive Special Excise Court, Saran at Chapra in connection with Sadar Excise P.S. Case No.23 of 2026. (Ashok Kumar Pandey, J) lata/- U T