Nirnayak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39072 of 2026 Arising Out of PS. Case No.-141 Year-2026 Thana- Bhararhi District- Madhepura ====================================================== 1.

Nirnayak Kumar S/O Late Aashish Kumar R/O Vill.- Shripur Chakla Ward No.- 13, P S - Madhepura, District - Madhepura 2.

Gaurav Kumar S/O Tirath Das R/O Vill.- Shripur Chakla Ward No.- 13, P S - Madhepura, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pooja Prasad, Advocate For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 17-06-2026 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Bharrahi P.S. Case No. 141 of 2026 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, on secret information a motorcycle was recovered and three persons were apprehended including this petitioner and altogether 55 litres of country made liquor was recovered from the possession of co-accused Dilkush Kumar.

4. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.39072 of 2026(2) dt.17-06-2026 2/2 that the petitioners are innocent and have been falsely implicated in the present case. It has further been submitted that nothing has been recovered from the conscious possession of the petitioners. It has also been submitted that the procedure prescribed under Section 105 of the B.N.S.S. has not been followed. Lastly, it has been submitted that the petitioner no. 1 has two criminal antecedents whereas the petitioner no. 2 has clean criminal antecedent and they are in custody since 23.04.2026.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioners.

6. Heard the parties and perused the record.

7. Considering the above facts and circumstances of the case, let the petitioners above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhepura, in connection with Bharrahi P.S. Case No. 141 of 2026.

8. The application stands allowed.

(Praveen Kumar, J) Jyoti/- U T