IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30944 of 2025 Arising Out of PS. Case No.-98 Year-2025 Thana- OBRA District- Aurangabad ====================================================== 1. Manish Paswan S/O Baijnath Paswan @ Baidhnath Paswan R/O Village- Mahadeva, P.S- Obra, Distt.- Aurangabad (Bihar). 2. Ganesh Paswan S/O Baijnath Paswan @ Baidhnath Paswan R/O Village- Mahadeva, P.S- Obra, Distt.- Aurangabad (Bihar). 3. Dinesh Paswan @ Dhanesh Paswan S/O Baijnath Paswan @ Baidhnath Paswan R/O Village- Mahadeva, P.S- Obra, Distt.- Aurangabad (Bihar). 4. Mahavir Paswan S/O Baijnath Paswan @ Baidhnath Paswan R/O Village- Mahadeva, P.S- Obra, Distt.- Aurangabad (Bihar). 5. Baijnath Paswan @ Baidhnath Paswan S/O Late Dasrath Paswan R/O Village- Mahadeva, P.S- Obra, Distt.- Aurangabad (Bihar). 6. Guddu Kumar @ Guddu Paswan S/O Gorakh Paswan R/O Village- Mahadeva, P.S- Obra, Distt.- Aurangabad (Bihar). 7. Yadav Ji Ahira S/O Vishwnath Paswan R/O Village- Mahadeva, P.S- Obra, Distt.- Aurangabad (Bihar). ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Dr. Leelawati Kumari, Advocate Mr. Aman Vishal, Advocate For the Opposite Party/s : Mr. Nitya Nand Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 19-05-2025 Heard the parties. The petitioners are apprehending their arrest in connection with Obra P.S. Case No. 98 of 2025 registered for the offences punishable under Sections 191(2), 190, 115(2), 126(2), 132 of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a) and 30(c) of the Bihar Prohibition and Excise (Amendment) Act, 2022. Patna High Court CR. MISC. No.30944 of 2025(2) dt.19-05-2025 2/3 3. The police, on a tip off manufacturing of illicit liquor and trafficking of the same, conducted raid and recovered total 75 litres of country made Mahua liquor from a liquor kiln. In course of destroying the liquor kiln, the persons, who were assembled there, caused obstruction to the police personnel and entered into a scuffle with them. The local Chaukidar identified the petitioners in course of fleeing away. 4. Learned Advocate for the petitioners contended that admittedly the alleged recovery has been made from an open place, easily accessible to all. The petitioners have neither any concern with the place from where recovery has been made nor with the illicit liquor. It is further contended that so far petitioner nos. 3 to 7 are concerned, they have got fair antecedent, whereas petitioner nos. 1 and 2 are having one criminal antecedent. There are other infirmities in the search and seizure, besides non-compliance of Sections 103 and 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. On the other hand, learned APP for the State opposes the bail application. 6. Regard being had to the submissions made on behalf of the parties and considering the fact that the alleged recovery has been made from an open place, coupled with the Patna High Court CR. MISC. No.30944 of 2025(2) dt.19-05-2025 3/3 doubtful identification of the petitioners at the hands of the local Chaukidar, as also the infirmities in the search and seizure and the lack of the ingredients provided under Section 76(2) of the of the Bihar Prohibition and Excise Act, 2016, let the petitioners, named above, in the event of their arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.-II, Aurangabad in connection with Obra P.S. Case No. 98 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioners. uday/- (Harish Kumar, J) U T