Raja Babu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34867 of 2026 Arising out of PS. Case No.-221 Year-2026 Thana- SIWAN MUFFASIL District- Siwan ====================================================== 1.

Raja Babu Kumar S/o Kirtu Ram Resident of Village - Mathurapur, P.S. - Paru, District - Muzaffarpur 2.

Amit Bharti @ Amit Kumar S/o Nageshwar Ram Resident of Village - Bahlolpur, P.S. - Paru, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Adv.

For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 20-05-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners seek bail in Siwan Mufassil P.S. Case No. 221 of 2026 dated 18.04.2026 registered under Sections 111, 3(5) BNS 2023 and Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3. The allegation is that 626.100 litres of liquor was recovered from a Pickup van and the petitioners are said to be the riders of the said vehicles.

4. Learned counsel for the petitioners submits that the Petitioner No. 1 is the driver and the Petitioner No. 2 is the codriver of the said vehicle. He further submits that the petitioners are in custody since 19.04.2026.

Patna High Court CR. MISC. No.34867 of 2026(2) dt.20-05-2026 2/2

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioners.

6. Considering that the alleged recovery was not made from the conscious possession of the petitioners and the petitioners are in custody since 19.04.2026, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners, above named, 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 the learned Exclusive Special Excise Court No. 1, Siwan in connection with Siwan Mufassil P.S. Case No. 221 of 2026.

8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Ansul, J) Vikash/- U T