IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48872 of 2025 Arising Out of PS. Case No.-5 Year-2025 Thana- PAHARPUR District- East Champaran ====================================================== 1. Laldeo Patel @ Laldeo Prasad S/O Bhukhal Patel @ Bhukhal Raut 2. Sawan Ram S/O Ramchandra Ram Both are Resident of Village-Nauwadih English, P.S.- Paharpur, District-East Champaran, Motihari. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sharda Nand Mishra, Advocate For the Opposite Party/s : Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 3 08-08-2025 Heard Mr.Sharda Nand Mishra,learned counsel for the petitioners and Mr.Uday Chand Prasad, learned A.P.P. for the State. 2. The petitioners seek bail, who are in custody since 28.05.2025 in connection with Paharpur P.S.Case No.05 of 2025, F.I.R. dated 03.01.2025 registered for the offence punishable under Sections 30(a),41,52 of Bihar Prohibition and Excise (Amendment) Act, 2022. 3. The prosecution case as per FIR, in brief, is that, total 15 liters of country made liquor and 35.280 liters of English Liquor has been recovered from the house of petitioner No.1 and 19 liters of country made liquor recovered from house Patna High Court CR. MISC. No.48872 of 2025(3) dt.08-08-2025 2/3 of petitioner No.2. 4. Learned counsel appearing for the petitioners submits that as per allegation in the FIR, the prosecution has searched the house of the petitioners, altogether 54.20 liters of country made liquor was recovered from house of petitioner No.1 and from house of petitioner No.2, 19 liters of country made liquor was recovered. Learned counsel for the petitioners submits that although the recovery has been made from the house of the petitioners but the same has not been recovery from conscious possession of the petitioners and the petitioners are in custody since 28.05.2025. 5. Learned APP for the State has opposed the prayer for bail of the petitioners and submits that petitioner No.1 carries two more cases and petitioner No.2 carries two more case of similar nature other than the present one. 6. Considering the aforesaid fact, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, East Champaran, Motihari in connection with Paharpur P.S.Case No.05 of 2025, with the following conditions:- Patna High Court CR. MISC. No.48872 of 2025(3) dt.08-08-2025 3/3 (I) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. (II) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. (III) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Nitesh/- (Rajesh Kumar Verma, J) U T