IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.82990 of 2025 Arising Out of PS. Case No.-185 Year-2025 Thana- NATWAR District- Rohtas ====================================================== 1. Om Prakash Chaudhary @ Prakash Chaudhary Son of Shiv Balak Chaudhary Resident of Village- Asiya tola, P.S- Natwar, District- Rohtas 2. Mahavir Chaudhary @ Sugandhi Chaudhary son of Shiv Balak Chaudhary Resident of Village- Asiya tola, P.S- Natwar, District- Rohtas ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashi Kant, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 10-12-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners apprehend arrest in connection with Natwar PS. Case No. 185 of 2025 dated 18-10-2025, instituted under Section 30(a) of the Bihar Prohibition and Excise Act. 3.The allegation is of recovery of 25 litres of illicit ‘Mahua’ liquor from a garden near the Shiv temple in Asiyan Tola. It is further alleged that the police apprehended one of the accused persons at the spot, who disclosed his name as Munna Kumar. 4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in Patna High Court CR. MISC. No.82990 of 2025(2) dt.10-12-2025 2/3 the present case. It is further submitted that no incriminating article has been recovered from the conscious possession or from the house of the petitioners; rather, the seized illicit liquor was recovered from the garden near the Shiv temple in Asiyan Tola. The petitioners have been implicated merely on the basis of a disclosure made by the local ‘chowkidar’, and they have no concern with the said seized liquor. Lastly, it is submitted that both the petitioners have one criminal case of a similar nature pending against them, in which they are already on bail. 5. Learned APP has opposed the prayer for bail. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-II, Sasaram, in Natwar PS. Case No. 185 of 2025, Dist. Rohtas, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023, and further that(i) that the petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and on their absence on Patna High Court CR. MISC. No.82990 of 2025(2) dt.10-12-2025 3/3 two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below, (ii) that one of the bailors will be their own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailors shall also state on affidavit that they will inform the court concerned if the petitioners are made accused in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) that if the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail, and (v) that the petitioners will appear before the SHO of concerned PS in the first week of each month till the conclusion of the trial. 7. The application stands allowed. shyambihari/- (Khatim Reza, J) U