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Patna High CourtCR. MISC./26688/2026allowed

Monu Kumar v. The State Of Bihar

2026-04-22Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26688 of 2026 Arising Out of PS. Case No.-55 Year-2026 Thana- BAJPATTI District- Sitamarhi ====================================================== Monu Kumar S/o Ganesh Mandal R/o Village - Sandwara, P.S.- Bajpatti, Dist. - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Bajpatti P.S. Case No.55 of 2026 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. The case of the prosecution, in short, is that from the hutment of this petitioner altogether 405 liter of nepali country made liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that nothing has been recovered from the possession of the petitioner. He has falsely been implicated in this case. Learned counsel for the petitioner has further submitted that the witnesses of the seizure list are police

Patna High Court CR. MISC. No.26688 of 2026(2) dt.22-04-2026 2/2 personnel and police have not complied Section 105 of the BNSS while making seizure. It has further been submitted that petitioner is having no criminal antecedent and he is in judicial custody since 10.03.2026.

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 petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the court of learned Exclusive Special Excise Court no.2, Sitamarhi in connection with Bajpatti P.S. Case No.55 of 2026.

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