IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2447 of 2025 Arising Out of PS. Case No.-492 Year-2024 Thana- GHOSI District- Jehanabad ====================================================== 1. Birendra Kumar @ Virendra Kumar Son of Late Kameshwar Manjhi Resident of Village- Ahiyasha, P.S. - Ghoshi, District- Jehanabad 2. Atendra Manjhi @ Atendra Kumar Son of Late kameshwar manjhi Resident of Village- Ahiyasha, P.S. - Ghoshi, District- Jehanabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Gajendra Kumar Singh, Advocate For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 3 19-04-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners apprehend their arrest in connection with Ghoshi P.S. Case No.492 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. 3. It would appear from the First Information Report as also the seizure list that the recovery of 15 liters of country made mahua liquor was made from the house of petitioner no.1 and 5 liters of country made mahua liquor is said to have been recovered from the house of petitioner no.2. 3. Learned counsel for the petitioners submits that no Patna High Court CR. MISC. No.2447 of 2025(3) dt.19-04-2025 2/3 recovery has been made from the physical or conscious possession of the petitioners and the house from which the recovery has been made is a joint family property. Further, the police party has shown false recovery from the house of the petitioners which would be evident from the fact that there is no independent witness to the seizure list. The petitioner no.1 has no criminal antecedent whereas the petitioner no.2 has two criminal antecedents in which he is already on bail. 4. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners. 5. Considering the abovementioned facts and circumstances, I am inclined to extend the privilege of anticipatory bail to the petitioners. Let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Excise Court-1, Jehanabad in connection with Ghoshi P.S. Case No.492 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and subject to the further condition that:- (i) The petitioners shall cooperate in the Patna High Court CR. MISC. No.2447 of 2025(3) dt.19-04-2025 3/3 investigation/trial. (ii) The court below shall verify the criminal antecedent of the petitioners and in case 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, it is expected that the verification process would be done expeditiously without causing any delay. arvind/- (Soni Shrivastava, J) U T