Binod Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35313 of 2026 Arising Out of PS. Case No.-124 Year-2026 Thana- RAJAON District- Banka ====================================================== Binod Kumar Sah Son of Parmanand Sah, Resident of Village- Uprama, P.S.- Rajoun, District- Banka ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash Dwivedi, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 21-05-2026 The matter was heard via video conferencing mode.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner seeks bail in connection with Rajoun (Nawada) P.S. Case No. 124 of 2026, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 981.36 litres of illicit foreign liquor was recovered from a pick-up vehicle.

5. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. Petitioner is merely a driver and he is not the owner of the seized vehicle in question and he has no concern with the allegedly recovered liquor. The search and seizure was in complete violation of Section 103 of the B.N.S.S., 2023. Learned counsel

Patna High Court CR. MISC. No.35313 of 2026(2) dt.21-05-2026 2/2 lastly submits that petitioner has clean antecedent and he is in custody since 08.04.2026.

6. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case and also considering petitioner's clean antecedent and his period of custody, this Court is inclined to grant bail to the petitioner.

8. Accordingly, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1, Banka, in connection with Rajoun (Nawada) P.S. Case No. 124 of 2026.

9. 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 observation 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) Shahnawaz/- U T