Lakshman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33678 of 2026 Arising Out of PS. Case No.-127 Year-2026 Thana- Excise P.S. District- Rohtas ====================================================== 1.

Lakshman Kumar S/O Late Bhagwan Bind R/o Village - Beda More, P.S. - Sasaram(Town), Dist. - Rohtas.

2.

Bhola Kumar S/o Umesh Bind R/o Village - Beda More, P.S. - Sasaram(Town), Dist. - Rohtas.

... ... Petitioners.

Versus

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

For the Petitioner/s :

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

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 10-06-2026 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

2. The petitioners seek bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Perusal of the first information report and the seizure list, would go to show that 65.280 liters of foreign liquor is said to have been recovered from a car and the petitioners are said to be driver and occupant of the said car.

4. It is submitted by learned counsel for the petitioners that there is no recovery from the conscious or physical possession of the petitioners. There is no independent witness to the search and seizure violating the mandatory provisions of seizure. Petitioners have no criminal antecedent and have been

Patna High Court CR. MISC. No.33678 of 2026(3) dt.10-06-2026 2/2 languishing in custody since 11.03.2026.

5. Taking into consideration the fact and circumstances of the case and also considering the fact that there is non-compliance of the mandatory provisions of seizure coupled with the fact that the petitioners have no criminal antecedent, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Excise P.S. Case 725 of 2026.

(Soni Shrivastava, J) Trivedi/- U T