IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23107 of 2025 Arising Out of PS. Case No.-216 Year-2024 Thana- JHANJHARPUR District- Madhubani ====================================================== 1. Rahul Kumar Ray son of Parmeshwar Ray Village- Belarahi, P.S.- Jhanjharpur, District- Madhubani 2. Manish Kumar Ray son of Parmeshwar Ray Village- Belarahi, P.S.- Jhanjharpur, District- Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 01-05-2025 Heard the parties. 2. The petitioners are apprehending their arrest in connection with Jhanjharpur P.S. Case No. 216 of 2024 for the offence under sections 274, 275 and 3(5) of the B.N.S. and 30(a) of the Bihar Prohibition and Excise Act lodged on 29.12.2024 by the informant, Kanchan Kumar. 3. As per the prosecution story, the Police upon information, reached the brick kiln place where the accused persons managed to escape, the chowkidar gave the name of these petitioners and there is recovery/seizure of 588 liters of liquor inasmuch as 522 liters country-made liquor and rest 66 liters is foreign liquor. This led to the FIR. Patna High Court CR. MISC. No.23107 of 2025(2) dt.01-05-2025 2/4 4. Learned counsel for the petitioners submit that both are brothers, only because of criminal antecedent have been implicated as the chowkidar has enmity, they shall be diligently appearing in trial and the last submission is that without accepting the allegation and/or the outcome of the present case, the petitioner intends to contribute Rs. 20,000/- each (totalling Rs. 40,000/-) to the District Legal Services Authority, Madhubani for beautification/putting up flower pots in the Civil Court Campus of Madhubani Judgeship through Demand Draft issued by the local branch of the State Bank of India. 5. Mr. Jitendra Kumar Singh, learned APP opposes the prayer submitting that the chowkidar has named him. 6. Taking into account the submissions of the parties as also that nothing has been recovered from their conscious possession, rather from a place which is accessible to everyone and an undertaking has been given that they shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions subject to payment of Rs. 20,000/- each (totalling Rs. 40,000/-) to the District Legal Services Authority, Madhubani for beautification/putting up flower pots in the Civil Court Campus of Madhubani Judgeship through Demand Draft issued by the Patna High Court CR. MISC. No.23107 of 2025(2) dt.01-05-2025 3/4 local branch of the State Bank of India and the receipt of the expenditure shall be submitted to the trial Court by the DLSA, Madhubani. 7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Special Judge Excise Act, Jhanjharpur, Madhubani, in connection with Jhanjharpur P.S. Case No. 216 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide; (ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself; (iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark their attendance; (iv) the petitioners shall in no way try to induce or Patna High Court CR. MISC. No.23107 of 2025(2) dt.01-05-2025 4/4 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. 8. A copy of the order be sent to the Principal District and Sessions Judge, Madhubani for his perusal and needful. Adnan/- (Rajiv Roy, J) U T