IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26122 of 2025 Arising Out of PS. Case No.-407 Year-2024 Thana- KESARIA District- East Champaran ====================================================== 1. Kirani Ray @ Kirani Rai S/O Jamdar Ray @ Jamadar Rai Resident of Village - Kadhan, Ward No. 10, P.S. - Kesaraiya, District - East Champaran. 2. Kanhaiya Yadav @ Kanhaiya Rai S/O Late Daroga Rai Resident of Village - Kadhan, Ward No. 10, P.S. - Kesaraiya, District - East Champaran. 3. Kishor Yadav @ Kishor Ray S/O Late Daroga Rai Resident of Village - Kadhan, Ward No. 10, P.S. - Kesaraiya, District - East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Madhurendra Kumar, Advocate For the State : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 06-05-2025 Heard the parties. 2. The petitioners are apprehending their arrest in connection with Kesariya P.S. Case No. 407 of 2024 for the offence under Sections 274 and 275 of the Bhartiya Nyaya Sanhita and 30(a) of the Bihar Prohibition and Excise Act, lodged on 05.12.2024 by the informant, Anju Kumari. 3. As per the prosecution story, the Police upon secret information raided the place and recovered 400 liters country made liquor beside 5000 liters, the materials be used for making liquor. The recovery is near the Narayani river, the chowkidar named this petitioner which led to the F.I.R. Patna High Court CR. MISC. No.26122 of 2025(2) dt.06-05-2025 2/4 4. Learned counsel for the petitioners submit that these petitioners are labourers having no criminal antecedent, recovery is from an open place and only the chowkidar come forward and names people which leads to implication of the innocent. They have absolutely no role to play in the matter and if they are found to indulge in any such activity, the present bail bond be canceled, if granted relief. Last submission is that without accepting the allegation or outcome of the petition the petitioner intends to pay Rs.5,000/- each (totaling Rs.15,000/-) by Demand Draft issued by the local branch of the State Bank of India for the purchase of journals (SCC, BLJ, PLJR/Bare Act) to the District Legal Services Authority, East Champaran. 5. Learned APP opposes the prayer for bail submitting that though there is recovery of the materials near the river, the chowkidar has named them. 6. Considering the submissions put forward by the parties as also that the recovery is not from their conscious possession nor they have criminal antecedent, have undertaken to diligently appearing in trial, in that background, this Court is inclined to extend them the privilege of anticipatory bail subject to payment of Rs.5,000/- each (totaling Rs.15,000/-) by Demand Draft issued by the local branch of State Bank of India for the Patna High Court CR. MISC. No.26122 of 2025(2) dt.06-05-2025 3/4 purchase of journals (SCC, BLJ, PLJR/Bare Act) to the District Legal Services Authority, East Champaran and the receipt has to be submitted before the Trial Court. 7. Let the petitioner 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 Exclusive Special Judge, Excise Court No.3, East Champaran, Motihari, in connection with Kesariya P.S. Case No. 407 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner 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; Patna High Court CR. MISC. MISC. No.26122 of 2025(2) dt.06-05-2025 4/4 (iv) the petitioners shall in no way try to induce or 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 bail bonds. 8. Let a copy of the order be sent to the Principal District and Sessions Judge, East Champaran, Motihari for perusal and needful. vinayak/- (Rajiv Roy, J) U T