Kumar Birendra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30357 of 2026 Arising Out of PS. Case No.-151 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== 1.

Kumar Birendra son of Hiralal Ram Resident Of Village -Kalayanpur, PsDurgawati, Dist -Kaimur Bhabua 2.

Monu Bind Son of Rajendra Bind Resident of Village - Kotsa, PsDurgawati, Dist- Kaimur Bhabua ... ... 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. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-05-2026 Heard learned counsel for the petitioners and learned APP for the State.

02. In the present case, the petitioners seek bail in connection with Excise Bhabhua P.S. Case No. 151 of 2026 registered for the alleged offences under Sections 30(a), 32(i) & (iii), 41 (i) (ii) of the Bihar Prohibition & Excise Act, 2016.

03. As per prosecution case, the petitioners were apprehended transporting illicit liquor in their vehicle and recovery of 86.40 liters of foreign liquor was made from the said vehicle.

04. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in

Patna High Court CR. MISC. No.30357 of 2026(2) dt.11-05-2026 2/3 this case. Petitioner no. 1 is driver and petitioner no. 2 is codriver in the vehicle and they have no concern with the seized liquor. Learned counsel further submits that the petitioners are having clean antecedent and they are in custody since 26.03.2026.

05. Learned APP for the State opposes the submission made on behalf fo the petitioners. Learned APP submits that the petitioners were caught raid handed transporting illicit liquor.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioners and their clean antecedent, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. II, Bhabhua at Kaimur/court concerned in connection with Excise Bhabhua P.S. Case No. 151 of 2026, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions: (i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below.

Patna High Court CR. MISC. No.30357 of 2026(2) dt.11-05-2026 3/3 (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T