IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22712 of 2025 Arising Out of PS. Case No.-13 Year-2025 Thana- Samyagarh District- Patna ====================================================== 1. Golu Kumar @ Roshan Kumar S/O Samali Paswan R/O Vill.- Kurmichak, P.S.- Samyagrah, Dist.- Patna. 2. Niranjan Paswan S/O Samali Paswan R/O Vill.- Kurmichak, P.S.- Samyagrah, Dist.- Patna. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar Singh, Advocate For the Opposite Party/s : Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 30-04-2025 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. 2. The accused/petitioners apprehending their arrest in connection with Samyagrah P.S. Case No. 13 of 2025, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. 3. The allegation against the petitioners is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 18 litres of IMFL/country made liquor from the house. 4. It is submitted by learned counsel that recovery of Patna High Court CR. MISC. No.22712 of 2025(2) dt.30-04-2025 2/3 illicit liquor alleged to be made from house of the petitioners, admittedly which is a joint house occupied by different adult members of the family and, therefore, it can be said safely that recovery of illicit liquor was not made from conscious physical possession of petitioners. It is further submitted that the compliance of Section 103(4) of BNSS, regarding search of premises also not appears followed, making entire search and seizure doubtful on its face. Petitioner no. 1 found involved in one more criminal case of different nature, whereas petitioner no. 2 is a man of clean antecedent. 5. Learned APP opposed the prayer of bail. 6. Considering the aforesaid facts and circumstances and by taking note of fact as recovery of illicit liquor prima facie not appears to be made from the physical possession of petitioners, accordingly, both above named petitioners, in the event of their arrest or surrender before the learned trial Court, within a period of four weeks of the order, are directed to be released on bail 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 Exclusive Special Excise Court, Barh, Patna/concerned Court, where the case is pending in connection with Samyagrah P.S. Case No. 13 of 2025, subject to the Patna High Court CR. MISC. No.22712 of 2025(2) dt.30-04-2025 3/3 conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS. veena/- (Chandra Shekhar Jha, J) U T