IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38969 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- BAIRGACHHAI District- Araria ====================================================== Md. Touhid @ Touhid S/o Late Kasim R/o Village- Surjapur Ward No. 15, P.S.- Bairgachhi, District- Araria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 23-06-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Bairgachhi PS Case No. 31 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 31.270 liters liquor was recovered from maize field situated in front of the house of the petitioner. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted Patna High Court CR. MISC. No.38969 of 2025(2) dt.23-06-2025 2/3 that recovery is from an open place, which is accessible to one and all. The petitioner is in custody since 30-04-2025 and has got five criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bairgachhi PS Case No. 31 of 2025, subject to the following condition/s:- (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. (III) If the petitioner tampers with the evidence or the witnesses of the case by intimidating/pressurizing the witnesses, Patna High Court CR. MISC. No.38969 of 2025(2) dt.23-06-2025 3/3 during the investigation or trial, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. Raj Kishore/- (Rudra Prakash Mishra, J) U T