PATNA, India, July 2 -- Patna High Court issued the following order on June 11:

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11553 of 2026

Arising Out of PS. Case No.-633 Year-2025 Thana- Excise P.S. District- Gopalganj

Yunus Khan @ Unus Khan S/O Babu Khan @ Babu Kha R/O Vill.- Bhaura @ Bhanwara, P.S- Asta, Distt- Sihore @ Sehore, State- Madhya Pradesh

... Petitioner/s

Versus

The State Of Bihar

... Opposite Party/s

with

CRIMINAL MISCELLANEOUS No. 16887 of 2026

Arising Out of PS. Case No.-633 Year-2025 Thana- Excise P.S. District- Gopalganj

1. Manish Kumar S/o Hemraj @ Hemraj Singh R/o Village - Singpur @ Singhpur, P.S - Ladkui @ Lardkui, District - Sihor @ Sehore, State Madhya Pradesh

2. Dhiraj S/o Devbagas R/o Village - Bhaura, P.S - Aasta, District - Sihor @ Sehore, State - Madhya Pradesh

... Petitioner/s

Versus

The State of Bihar

... Opposite Party/s

Appearance :

(In CRIMINAL MISCELLANEOUS No. 11553 of 2026)

For the Petitioner/s : Mr. Priya Raj

For the Opposite Party/s : Mr. Narsingh Tanti

(In CRIMINAL MISCELLANEOUS No. 16887 of 2026)

For the Petitioner/s : Mr. Priya Raj

For the Opposite Party/s : Mr. Mukesh Kumar Singh

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA

ORAL ORDER

4

11-06-2026

As both these bail applications arise from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.

2. Heard learned counsel for the petitioners and learned APP for the State.

3. The petitioners seek bail in a case registered for the offence punishable under Sections 30(a), 32 of the Bihar Prohibition and Excise Act.

4. Perusal of the first information report and the seizure list would go to show that 7453.500 liters of Codeine Phosphate and Triprolidine Hydrochloride Syrup is said to have been recovered from the truck.

5. It is submitted by learned counsel for the petitioners that there is no recovery from the physical and conscious possession of the petitioners. It is submitted that the petitioners of both the cases are driver and co-driver of the said vehicle. Petitioners had no knowledge of the consignment that was kept in the truck and they were only supposed to reach the said consignment from Madhya Pradesh to the State of Assam but midway in the State of Bihar, they were apprehended. It is further submitted that the mandatory provisions of search and seizure have been violated as there is no independent witness to the seizure list. Petitioners are languishing in judicial custody since 30.09.2025 and charge sheet has already been submitted.

6. Learned APP for the State opposes the prayer for bail.

7. Taking into consideration the facts and circumstances and also considering the violation of mandatory provisions of search and seizure and the charge-sheet having been submitted, coupled with the fact that the petitioners have no criminal antecedent, let the above named petitioners be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Excise P.S. Case No. 633 of 2025.

(Soni Shrivastava, J.)

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