Amar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49258 of 2026 Arising Out of PS. Case No.-25 Year-2026 Thana- NADI District- West Champaran ====================================================== 1.

Amar Singh S/O Motilal Resident of Chand Chowk, Ward No. 4, Kaparia Mohalla, P.S- Bharwa Sumerpur, Distt.- Hamirpur, State- Uttar Pradesh. 2.

Vyas Prasad S/O Daroga Prasad R/O Gehuwa, P.S.- Jamo Bazar, Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-07-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Nadi P.S. Case No. 25 of 2026 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 302 liters liquor was recovered from Auto and the petitioners were arrested on spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners

Patna High Court CR. MISC. No.49258 of 2026(2) dt.21-07-2026 2/2 have got no concern with the alleged recovery of liquor. It is further submitted that petitioner No.2 was the driver while petitioner No.1 was sitting as passenger in the auto in question and they had no concern with regard to nature of goods kept in the auto. The petitioners are in custody since 27.04.2026 and have got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nadi P.S. Case No. 25 of 2026.

(Rudra Prakash Mishra, J) sukriti/- U T