IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32987 of 2025 Arising Out of PS. Case No.-67 Year-2025 Thana- LAKHAURA District- East Champaran ====================================================== 1. Guljari Sahani @ Guljar Sahani S/o- Jhagaru Sahani R/O- Chichirohiya PS- Banjariya District- East Champaran 2. Ravi Kumar S/o- Jeerjodhan Sahani R/O- Chichirohiya PS-Banjariya District- East Champaran ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vishal Prasad For the Opposite Party/s : Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 22-05-2025 Heard the learned counsel for the petitioners and learned APP for the State. 2. The petitioners makes a prayer for bail in connection with Lakhaura P.S Case No.67 of 2025 registered for offences under Sections 30(a), 32, 41(i) of the Bihar Prohibition and Excise Act, 2016 . 3. As per the prosecution case, there is a total recovery of 54 litres of country made liquor made from 3 polythene sacks thrown by two accused persons. 4. Learned counsel for the petitioners submits that no recovery has been made from the physical and conscious Patna High Court CR. MISC. No.32987 of 2025(2) dt.22-05-2025 2/3 possession of the petitioners rather the recovery has been made from sacks thrown lying at an open space which is accessible to all. There is no independent witness to the seizure list, thereby violating the mandatory provisions of search and seizure. The petitioners are in custody since 08.03.2025 and have no criminal antecedent. 5. Learned APP for the State opposes the prayer for bail application. 6. In view of the facts and circumstances, the petitioners are enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Exclusive Special Excise Court No.1, Civil Court, East Champaran, in connection with Lakhaura P.S Case No.67 of 2025, subject to the following conditions: (i) the petitioners shall co-operate in the investigation/trial. (ii) the learned Court would, however, verify the criminal antecedent of the petitioners and in case it is found that the petitioners have concealed their criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioners. However, it is expected that the verification process Patna High Court CR. MISC. No.32987 of 2025(2) dt.22-05-2025 3/3 would be done expeditiously without causing any delay. sharun/- (Soni Shrivastava, J) U T