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Patna High CourtCR. MISC./31139/2026allowed

Rajat Kumar Sinha @ Rajat Kumar v. The State Of Bihar

2026-05-13Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31139 of 2026 Arising Out of PS. Case No.-1736 Year-2026 Thana- Excise P.S. District- Patna ====================================================== Rajat Kumar Sinha @ Rajat Kumar S/o Late Arun Kumar Sinha @ Late Arun Kumar Resident of Mohalla - Ram Krishna Nagar, P.S - Ram Krishna Nagar, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 13-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Excise P.S. Case No.1736 of 2026 registered for the offence punishable under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in short, is that from the scooty on which the petitioner was riding, altogether 8.640 liter of illicit foreign liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that from a pickup vehicle altogether 138.24 liter of liquor was recovered. It is alleged that petitioner was working as a liner for the pick-up vehicle. Learned counsel for the petitioner has further submitted that nothing has been

Patna High Court CR. MISC. No.31139 of 2026(2) dt.13-05-2026 2/2 recovered from the possession of the petitioner. It has further been submitted that the witnesses of the seizure list are police personnel and police have not complied Section 105 of the BNSS while making seizure. It has further been submitted that the petitioner is having no criminal antecedent and he is in judicial custody since 19.03.2026.

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 Special Excise Judge-III, Patna in connection with Excise P.S. Case No.1736 of 2026.

(Ashok Kumar Pandey, J) Durgesh/- Rohit/- U T