IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34402 of 2025 Arising Out of PS. Case No.-49 Year-2025 Thana- Chakki District- Buxar ====================================================== 1. Kamlesh Choudhary S/o Late Ramyogi Choudhary Resident of village- Arak Bind toli, P.S.- Krishna Braham, District- Buxar 2. Chhotak Choudhary S/o Late Kashinath Choudhary Resident of village- Arak Bind toli, P.S.- Krishna Braham, District- Buxar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manish Rai Sharma, Advocate For the Opposite Party/s : Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 03-06-2025 Heard learned Counsel for the petitioners and learned APP for the State. 2. The present criminal miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for grant of regular bail to the petitioners they are in custody in connection with Chakki P.S. Case No. 49 of 2025, lodged on 24.04.2025, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. 3. As per the prosecution, total recovery of 36 litres of country made liquor has been made, which is the subject matter of the present case. Patna High Court CR. MISC. No.34402 of 2025(2) dt.03-06-2025 2/2 4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel further submits that the recovery of alleged country made liquor has been made from the open field and petitioners have no concern with the alleged recovery. Counsel further submits that nothing has been recovered from the conscious possession of these petitioners and antecedent of the petitioners are clean and they are in custody since 24.04.2025. 5. Learned APP for the State opposes the prayer for bail of the petitioners. 6. In the present facts and circumstances of this case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Special Court Excise-2, Buxar, in connection with Chakki P.S. Case No. 49 of 2025, subject to the conditions as laid down U/s 480(3) of the BNSS, 2023. mdrashid/- (Dr. Anshuman, J) U T