Kiran Kunwar@ Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28177 of 2026 Arising Out of PS. Case No.-129 Year-2026 Thana- AKHODHIGOLA District- Rohtas ====================================================== 1.

Kiran Kunwar@ Kiran Devi W/o Late Dharmendra Ram @ Late Dharmendra Choudhary @ Late Dharam Ram Resident Of Village - Musaie Tola, Ps - Akorhigola, Dist.- Rohtas.

2.

Ujjwal Ram S/o Late Dharmendra Ram @ Dharmendra Choudhary @ Late Dharam Ram Resident Of Village - Musaie Tola, Ps - Akorhigola, Dist.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarfraz Ahmad, Advocate For the Opposite Party/s :

Mr. Nityanand, 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 bail in connection with Akhori Gola P.S. Case No. 129 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in short, is that altogether 77.8 liters of illicit country made liquor and 06 liters of illicit foreign liquor were recovered behind the house of Ujjwal Ram (petitioner no. 2) from an open place.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have

Patna High Court CR. MISC. No.28177 of 2026(2) dt.04-05-2026 2/2 committed no offence. They have been falsely implicated in this case. He also submits that nothing has been recovered from the possession of the petitioner. 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, the petitioners are languishing in judicial custody since 29.03.2026.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner no. 1 has no criminal antecedent whereas petitioner no. 2 has criminal antecedent of one case.

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. I, Rohtas at Sasaram in connection with Akhori Gola P.S. Case No. 129 of 2026. (Ashok Kumar Pandey, J) Sudhanshu/- U T