Patna High CourtCR. MISC./48091/2026bail granted

Bhola Kumar v. The State Of Bihar

2026-07-10Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48091 of 2026 Arising Out of PS. Case No.-114 Year-2026 Thana- MALSALAMI District- Patna ====================================================== Bhola Kumar S/o Nanhak Ray @ Sonfi Ray Permanent R/o Vill.- Sukumarpur, P.S.- Ragjhopur (Rustampur O.P.), Distt.- Vaishali. A/PNuruddingfanj, P.S.- Malsalami, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-07-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.

2. The petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case under the Excise Act and is in custody since 01.06.2026 and allegation is of recovery of 900 liters of liquor from bank of Damrahi ghat and a motorcycle was seized.

4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and even alleged

Patna High Court CR. MISC. No.48091 of 2026(2) dt.10-07-2026 2/2 recovery is from a place which does not belong to the petitioner and is not the owner of the seized vehicle and he came to be implicated at the instance of local person, but then the name of the person who disclosed the name of the petitioner is not disclosed in the FIR which casts an aspersion on the case of the prosecution.

5. Learned A.P.P. for the State opposes the bail application of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs. 5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Malsalami P.S. Case No. 114 of 2026.

(Satyavrat Verma, J) Rishabh/- U T