Radhe Krishna Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45975 of 2026 Arising Out of PS. Case No.-11 Year-2024 Thana- NAYAGAON District- Saran ====================================================== Radhe Krishna Mishra S/O Late Paras Nath Mishra Resident of MohallaStation Road, Gotiya Toli, Shiv Shakti Tools and Hardware, P.S Kotwali, Dist.- Patna, At Present R/at Kankarbagh ward no. 30, Behind Pach Mandir, P.s.- Kankarbagh, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a) and 32(iii) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from a truck, altogether 3016.08 liters of illicit foreign liquor was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of the petitioner. He is not concerned in any way either with the alleged liquor or with the said vehicle. His name has surfaced in this case on the basis of

Patna High Court CR. MISC. No.45975 of 2026(2) dt.08-07-2026 2/2 the statement of the driver of the said truck who has stated that the said liquor has to be delivered to this petitioner. The witnesses of the seizure list are police personnel and police have not complied Section 105 of BNSS while preparing the seizure list. Moreover, he is languishing in judicial custody since 11.06.2026 having no criminal antecedent.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nayagaon P.S. Case No. 11 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise, Court No. 2, Saran at Chapra.

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