IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26281 of 2025 Arising Out of PS. Case No.-151 Year-2025 Thana- SONEPUR District- Saran ====================================================== 1. Ganesh Rai S/o Chandeshwar Rai R/o vill - Chhitar Chak, P.s. - Sonepur, Distt.- Saran at Chapra 2. Saroj Rai @ Saroj Kumar S/o Junrabi Rai R/o vill - Chhitar Chak, P.s. - Sonepur, Distt.- Saran at Chapra ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s : Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 3 18-06-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The first information report and the seizure list would go to show that there is a recovery of 255 liters of country made liquor and 1000 liters of wine solution which was destroyed from a diara area. 4. Learned counsel for the petitioners submits that the place of recovery is an open area which is accessible to a large number of persons and hence, no recovery has been made from the personal or conscious possession of the petitioners. The Patna High Court CR. MISC. No.26281 of 2025(3) dt.18-06-2025 2/3 names of the petitioners have surfaced due to disclosure made by the local chaukidar and further there is no independent witness to the seizure list. 5. Learned APP for the State, however, opposes the grant of anticipatory bail besides others on the ground that petitioner no.1 bears a criminal antecedent of seven cases of similar nature while petitioner no.2 is also an accused in two cases of similar nature. It has been submitted on behalf of the petitioners that the petitioner no.1 is on bail in six cases out of seven cases while petitioner is on bail in one case out of two cases. 6. An offer is made on behalf of the learned counsel for the petitioners that the petitioners would make a payment of Rs.25,000/- (Rupees twenty five thousand) to Mahavir Cancer Sansthan, Patna, bearing Account No. 3332964762, IFSC Code: CBIN0282779, Central Bank of India, Chitkohra Branch, Patna and upon showing a receipt of payment thereof the petitioners would be released. 7. In view of the aforesaid facts of the case, it is directed that the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in Patna High Court CR. MISC. No.26281 of 2025(3) dt.18-06-2025 3/3 connection with Sonepur P.S. Case no.151 of 2025 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned In-charge Exclusive Special Excise Judge-2, Saran at Chapra, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and further condition is imposed that the petitioners would co-operate in the investigation/trial and would make themselves available before the Investigating Officer of the police station on an interval of every 15 days till the submission of the charge- sheet. ajay/- (Soni Shrivastava, J) U T