IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33010 of 2025 Arising Out of PS. Case No.-79 Year-2025 Thana- RAGHUNATHPUR District- Siwan ====================================================== Shailesh Baitha S/o- Late Rama Ji Baitha Resident of vill-Baduwa PS- Raghunathpur Dist- Siwan ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Kumari Anupam, Adv. For the State : Ms. Shaheen Begum, APP. ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 26-05-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in a case registered for the offences punishable u/s 30(a) of the Bihar Prohibition & Excise Act, 2016. 3. The recovery of total 231 litres of mahuwa chulayi liquor has been shown near the field of one Shree Ram Yadav. 4. Learned counsel for the petitioner submits that the recovery has been made from an open place near the field of one Shree Ram Yadav which is accessible to anyone and the petitioner has no connection with the said recovery. It is next submitted that there is no recovery from the conscious and physical possession of the petitioner. The entire process of search and seizure amounts to violation of the mandatory Patna High Court CR. MISC. No.33010 of 2025(2) dt.26-05-2025 2/2 provisions as there is no independent witness to the said seizure. Further, it is submitted on behalf of the petitioner that he has been languishing in custody since 02.04.2025 with no criminal antecedent. 5. Learned APP for the State, however, opposes the prayer for regular bail. 6. Considering the above-mentioned facts and circumstances, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Raghunathpur P.S. Case No. 79 of 2025. divyanshi/- (Soni Shrivastava, J) U T