IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33738 of 2025 Arising Out of PS. Case No.-117 Year-2025 Thana- SUGAULI District- East Champaran ====================================================== Bhabhichhan Sahani @ Parichhan Sahani Son of Late Budhan Sahani Village- Muswa Bheriyari, P.S.- Sugauli, District-East Champaran Motihari ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate Ms. Isha Mishra, Advocate Mr. Dhandeo Kumar, Advocate Mr. Sumit Kumar Gupta, Advocate For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 27-05-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act. 3. Perusal of the first information report and the seizure list would go to show that total 80 liters of country made chulai wine is said to have been recovered from two gallons from the possession of the petitioner. It is alleged that the petitioner was involved in making and packaging of the liquor. 4. It is submitted by learned counsel for the petitioner that as a matter of fact there was no recovery from the conscious Patna High Court CR. MISC. No.33738 of 2025(2) dt.27-05-2025 2/2 or physical possession of the petitioner and the place of recovery is an open place easily accessible to anyone, hence no liability can be fixed on the petitioner. There is violation of the mandatory provisions of the search and seizure as there is no independent witness to the seizure list. It is also pointed out that the charge-sheet has already been submitted against the petitioner. Petitioner has no criminal antecedent has been languishing in custody since 13.03.2025. 5. Taking into consideration the fact and circumstances of the case, 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 Sugauli P.S. Case No.117 of 2025. Trivedi/- (Soni Shrivastava, J) U T