Patna High Court

CR. MISC./58065/2026 of Om Prakash Kumar Vs The State of Bihar on 19 August 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58065 of 2026 Arising Out of PS. Case No.-343 Year-2026 Thana- Excise P.S. District- Rohtas ====================================================== 1. Om Prakash Kumar S/o Surya Deo Ram @ Suryadev Ram R/o Village- Rupahatha, Ward no. 14, PS-

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58065 of 2026

Arising Out of PS. Case No.-343 Year-2026 Thana- Excise P.S. District- Rohtas ======================================================

1.

Om Prakash Kumar S/o Surya Deo Ram @ Suryadev Ram R/o Village- Rupahatha, Ward no. 14, PS- Amjhor, Dist.- Rohtas

2.

Jai Prakash Kumar S/o Surya Deo Ram @ Suryadev Ram R/o Village- Rupahatha, Ward no. 14, PS- Amjhor, Dist.- Rohtas

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Rajani Kant Singh, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR

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ORAL ORDER

19-08-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Excise P.S. Case No. 1449 of 2026 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation, 20 litres of country-made liquor were recovered from a motorcycle being driven by petitioner no. 1, while petitioner no. 2 was sitting as a pillion rider, and the illicit liquor was kept in between them.

4. Learned counsel for the petitioners has submitted that petitioners have falsely been implicated in the present case.

Patna High Court CR. MISC. No.58065 of 2026(2) dt.19-08-2026

The procedures prescribed under Section 105 of the B.N.S.S. have not been followed with. It has further been submitted that the motorcycle in question does not belong to any of the petitioners and they are in judicial custody since 02.07.2026 and have got no criminal antecedent.

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

6. Heard learned counsel for the parties and perused the records.

7. Considering the facts and circumstances of the case, let the above named petitioners be released on bail 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. 1, Rohtas at Sasaram, in connection with Excise P.S. Case No. 1449 of 2026.

8. The application stands allowed.

Ankit Kumar/- (Praveen Kumar, J) U T

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