IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62200 of 2025 Arising Out of PS. Case No.-113 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Gulab Kumar @ Umakant Kumar S/O Sikinder Mukhiya @ Sikandra Resident of village - Hasuahan (Hasuaha), P.S.- Muffasil, District- East Champaran. ... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 22-09-2025 Heard learned counsel for the petitioner and learned APP for the State. 02. In the present case, the petitioner seeks bail in connection with Motihari Mufassil P.S. Case No. 113 of 2022 registered for the alleged offences under Section 30(b), 32, 41(i) of the Bihar Prohibition & Excise Act, 2016. 03. As per prosecution case, in a drive against trade of illicit liquor, a raid was conducted at an identified place by the police and from that place, recovery of 400 liters of semi fermented liquor kept in two drums were made. The chowkidar disclosed the name of the petitioner to whom the said contraband belonged. 04. Learned counsel for the petitioner submits that the Patna High Court CR. MISC. No.62200 of 2025(2) dt.22-09-2025 2/3 petitioner is innocent and has been falsely implicated in this case. The petitioner has been made accused in this case merely on saying of chowkidar. Nothing incriminating has been recovered from person or possession of the petitioner and the recovery has been shown from the bank of Sikarahna river, which is an open place and accessible to all. The petitioner is having clean antecedent and he is in custody since 14.06.2025. Charge-sheet has been submitted against the petitioner. 05. Learned APP for the State opposes the submission made on behalf of the petitioner. 06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that recovery has not been shown from the conscious possession of the petitioner and further considering the period of custody of the petitioner and his clean antecedent along with submission of charge-sheet, the petitioner above named is directed to 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 learned Exclusive Special Excise Court No. 01, East Champaran at Motihari/court concerned in connection with Motihari Mufassil P.S. Case No. 113 of 2022, subject to the conditions mentioned in Section 480(3) of BNSS Patna High Court CR. MISC. No.62200 of 2025(2) dt.22-09-2025 3/3 and the following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. Ashish/- (Arun Kumar Jha, J) U T