IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71825 of 2025 Arising Out of PS. Case No.-240 Year-2025 Thana- TILAUTHU District- Rohtas ====================================================== Bharat Choudhary S/o Late Fhulchand Choudhary R/o Village- Uttar Patti, Tillouthu, P.S.- Tillouthu, District- Rohtas, Bihar. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jai Prakash Singh, Advocate For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 09-10-2025 Heard learned counsel for the petitioner and learned APP for the State. 02. In the present case, the petitioner seeks bail in connection with Tillouthu P.S. Case No. 240 of 2025 registered for the alleged offences under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. 03. As per prosecution case, police received secret information about the petitioner trying to transport plastic sacks containing mahua liquor. The police reached at the identified place and saw a person concealing sacks ins bushes. The said person fled away on seeing the police party and on search of the sacks, recovery of 150 liters of country made mahua liquor was made. The persons assembled at the spot disclosed the name of the petitioner who fled away on seeing the police party leaving Patna High Court CR. MISC. No.71825 of 2025(2) dt.09-10-2025 2/3 behind the sacks. 04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of the petitioner. Since the petitioner is having antecedent of eight cases, he has been made accused in this case in routine manner. There is non-compliance of mandatory provisions of search and seizure. The petitioner is in custody since 02.09.2025. 05. Learned APP for the State opposes the submission made on behalf of the petitioner. Learned APP submits that the petitioner appears to be a habitual offender and is accused in similar type of cases. 06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from the petitioner and further considering the period of custody of the petitioner, he 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 Judge-II, Rohtas at Sasaram/concerned court in connection with Tillouthu P.S. Case No. 240 of 2025, subject to the conditions Patna High Court CR. MISC. No.71825 of 2025(2) dt.09-10-2025 3/3 mentioned in Section 480(3) of BNSS 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