IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49455 of 2025 Arising Out of PS. Case No.-489 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== 1. Chandrika Ram @ Chandrika Das S/O Babulal Ram R/O Village- Paithanpatti, P.S.- Harsidhi, District- East Champaran. 2. Binod Ram S/O Jawahir Ram R/O Village- Paithanpatti, P.S.- Harsidhi, District- East Champaran. 3. Tulsi Ram S/O Bhuwli Ram R/O Village- Paithanpatti, P.S.- Harsidhi, District- East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prerna Rishi, Advocate For the Opposite Party/s : Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 18-07-2025 Heard learned counsel for the petitioners and Mr. Choubey Jawahar, learned APP for the State. 2. The petitioners seek bail in connection with Harsidhi P.S. Case No. 489 of 2023 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 30(d), 32 and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022. 3. As per prosecution case, the police, 70 liters of illicit country-made liquor as well as 1400 liters of semi- prepared liquor from the place of occurrence. 4. Learned counsel for the petitioners submits that the Patna High Court CR. MISC. No.49455 of 2025(2) dt.18-07-2025 2/3 petitioners are innocent and have committed no offence as alleged against them and have falsely been implicated in the present case due to highhandedness of the police. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioners. There is no direct or indirect involvement of the petitioners in the alleged occurrence. The petitioners have no concern with the seized liquor. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioners have no criminal antecedent and are languishing in judicial custody since 27.04.2025 without any rhymes or reason. Other co-accused has been granted bail by this Court vide order dated 16-05-2024, passed in Cr. Misc. No. 37357 of 2024. 5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioners having no criminal antecedent, let the petitioners, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of Patna High Court CR. MISC. No.49455 of 2025(2) dt.18-07-2025 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Harsidhi P.S. Case No. 489 of 2023. rishi/- (Rudra Prakash Mishra, J) U T