Nagendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30425 of 2026 Arising Out of PS. Case No.-377 Year-2026 Thana- ALAMGANJ District- Patna ====================================================== 1.

Nagendra Kumar S/O Bhagwan Mahto R/O Chaukiya, Ps.- Ganga Bridge, Dist.- Vaishali, Bihar.

2.

Sunil Kumar S/O Late Mahesh Mahato R/O Jadua Pool, Ps.- Town, Dist.- Vaishali, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nikhil Kumar Singh, Advocate.

For the Opposite Party/s :

Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-06-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners has prayed for bail 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 from a bike, altogether 150 liters of illicit country-made liquor was recovered.

4. Learned counsel appearing on behalf of the petitioners have submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. He also submits that nothing has been recovered from the

Patna High Court CR. MISC. No.30425 of 2026(3) dt.22-06-2026 2/2 possession of the petitioners. 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. He further submits that the petitioners are merely a passer-by and they were apprehended by the police and have been framed in the present case. Moreover, a statement has been made in para 3 of the petition that petitioners have no criminal antecedent and they are languishing in judicial custody since 18.04.2026.

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 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 Excise Court, Patna City in connection with Alamganj P.S. Case No. 377 of 2026.

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