Birbal Kumar @ Birbal Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34916 of 2026 Arising Out of PS. Case No.-9 Year-2026 Thana- RATANPUR District- Supaul ====================================================== Birbal Kumar @ Birbal Mehta S/O Suresh Mehta R/O Vill.- Bauraha, Ward no. 4, P.S.- Karjain, District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bindeshwar Prasad Singh, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Ratanpura P.S. Case No. 09 of 2026 registered for the offence punishable under Section 30(a) of Bihar Liquor Prohibition and Excise Amendment Act 2022.

3. The case of the prosecution, in short, is that from a Bolero altogether 495 litres of country made liquor was recovered and two accused namely Manish and Rinku were apprehended on the spot.

4. Learned counsel of the petitioner has submitted that nothing has been recovered from possession of the petitioner. The witnesses of the seizure list are police personnel and police have not complied Section 105 of the BNSS while making

Patna High Court CR. MISC. No.34916 of 2026(2) dt.20-05-2026 2/2 seizure. Name of this petitioner has surfaced in the statement of co-accused Manish and Rinku. The petitioner has no concern with alleged vehicle. Learned counsel for the petitioner has further been submitted that the petitioner is having four criminal antecedent of similar nature. He is in custody since 09.02.2026.

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 with the condition that the petitioner shall not indulge himself in similar nature of offence in future. 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 I/o Exclusive special Judge Excise Court No. 2, Supaul/concerned court, in connection with Ratanpura P.S. Case No.09 of 2026.

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