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Patna High CourtCR. MISC./28473/2026allowed

Suraj Pandey @ Suraj Kumar Pandey v. The State Of Bihar

2026-05-05Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28473 of 2026 Arising Out of PS. Case No.-903 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Suraj Pandey @ Suraj Kumar Pandey S/o- Ram Tapasaya Pandey VillageKasimpur PO- Ankupa, PS- Kutumba District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uma Kant Mishra, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has 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 is that from a plastic bag, altogether 105 liters of country made liquor was recovered. One Rohit was apprehended and he has named this petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of the petitioner. Learned counsel has submitted that he was not apprehended on spot. His name has transpired on the disclosure made by co-accused Rohit. He

Patna High Court CR. MISC. No.28473 of 2026(2) dt.05-05-2026 2/2 has no concern with the alleged recovery. Moreover, he is languishing in judicial custody since 07.03.2026. Learned counsel has further submitted that Rohit has already been granted bail by this court vide Cr. Misc. No. 87055 of 2025.

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 petitioner on bail. The above named petitioner is directed to be released on bail in connection with Excise Sadar Aurangabad P.S. Case No. 903 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Court No. 2, Aurangabad (Bihar). (Ashok Kumar Pandey, J) Shubham/- U T