IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64434 of 2025 Arising Out of PS. Case No.-414 Year-2024 Thana- SHERGHATI District- Gaya ====================================================== 1. Krishna Chaudhari, son of Rima Chaudhari @ Rijha Chaudhary, R/o Village– Sonekhap (Das Tola), P.S. - Sherghati, Dist. - Gaya. 2. Ganesh Chaudhari, Son Rima Chaudhari @ Rijha Chaudhary, R/o Village– Sonekhap (Das Tola), P.S. - Sherghati, Dist. - Gaya. 3. Rakesh Chaudhari, Son of Rima Chaudhari @ Rijha Chudhary, R/o Village– Sonekhap (Das Tola), P.S. - Sherghati, Dist. - Gaya. 4. Kajal Kumari @ Kajal Devi, W/o Pradeep Chaudhary, R/o Village- Sonekhap (Das Tola), P.S. - Sherghati, Dist. - Gaya. 5. Munni Devi, W/o Dillu Chaudhary, R/o Village – Sonekhap (Das Tola), P.S. - Sherghati, Dist. - Gaya. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 24-09-2025 Heard the parties. 2. The petitioners apprehend their arrest in connection with Sherghati P.S. Case No. 414 of 2024 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise, Act. 3. The allegation against the petitioners is of involved in selling of illicit liquor; some of the villagers getting annoyed from their activities, allegedly snatched 25-30 litres of liquor from them and handed over to the police. Patna High Court CR. MISC. No.64434 of 2025(2) dt.24-09-2025 2/3 4. Learned Advocate for the petitioners submitted that the F.I.R. has been instituted against ten named accused persons without there being any material suggesting their complicity in the crime. The recovery has not been made from the possession of the petitioners or from their houses. There are various other infirmities in the search and seizure and it is the villagers, who have handed the illicit liquor, which also smacks malafide. It is also contended that co-accused person has been allowed the privilege of anticipatory bail by a learned coordinate Bench of this Court in Cr. Misc. No. 86513 of 2024 vide order dated 18.12.2024. 5. On the other hand, learned APP for the State opposes the bail application. 6. Having considered the submissions advanced by the learned Advocate for the respective parties and the materials, which do not attract the rigors provided under Section 76(2) of the of the Bihar Prohibition and Excise Act, 2016, coupled with the fair antecedent of the petitioners and the infirmities in the search and seizure, let the petitioners, named above, in the event of their arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Patna High Court CR. MISC. No.64434 of 2025(2) dt.24-09-2025 3/3 Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-V, Gaya in connection with Sherghati P.S. Case No. 414 of 2024, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioners. uday/- (Harish Kumar, J) U T