IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66445 of 2025 Arising Out of PS. Case No.-291 Year-2025 Thana- ADAPUR District- East Champaran ====================================================== Jabir Mian S/o- Khedaru Mian R/o- Murtiya Ps- Adapur District-East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Parvin Kumar, Adv. For the Opposite Party/s : Md. Anzarul Haque Sahara, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. In the present case, the petitioner seeks bail in connection with Adapur P.S. Case No. 291 of 2025, registered for the offences under Sections 30(a), 32, 41(I) of the Bihar Prohibition and Excise Act. 3. As per the prosecution case, six persons were found carrying six sacks on their heads who started running away on seeing the police party. The petitioner was apprehended with his sack and from the sack, recovery of 12 litre of country made Nepali liquor was made. From the other five sacks left behind by the other co-accused persons, recovery of 240 litre of country made Nepali liquor was made. 4. Learned counsel appearing on behalf of the Patna High Court CR. MISC. No.66445 of 2025(2) dt.24-09-2025 2/3 petitioner submits that the petitioner innocent and has been falsely implicated in this case and he has no concern with the allegedly recovered article. The police arrested the petitioner in its highhandedness and from the FIR it is clear that recovery has been made from an open secluded place. The search and seizure have not been made following the proper procedure. The petitioner is in custody since 01.08.2025 and he has no criminal antecedent. 5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. 6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the clean antecedent and period of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 2, East Champaran, Motihari/concerned court, in connection with Adapur P.S. Case No. 291 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioner. Patna High Court CR. MISC. No.66445 of 2025(2) dt.24-09-2025 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court. (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. Anuradha/- (Arun Kumar Jha, J) U T