IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2129 of 2025 Arising Out of PS. Case No.-446 Year-2024 Thana- BHAGWANPUR HAT District- Siwan ====================================================== 1. Jitendra Prasad @ Jitendra Pd. @ Jitendra S/o Ram Sagar Prasad @ Ram Sagar Pd. R/o vill - Aima, P.S. - Bhagwanpur Hatt, Distt- Siwan 2. Raju Prasad @ Raju Kumar Prasad @ Raju Pd. S/o Late Jayshri Prasad @ Jai Shree Pd. R/o vill - Janta Bazar, Danaspur, P.s. - Janta Bazar, Distt.- Saran 3. Raju Sharma S/o Late Deonath Sharma R/o vill - Fuchati Kala, P.S.- Ekma, Distt.- Saran 4. Raju Ram S/o Late Kanhaiya Ram R/o vill - Sikatiya, P.S. - Maharajganj, Distt.- Siwan ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 23-01-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Bhagwanpur Hat PS Case No. 446 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 99 litres of country made liquor was recovered from bank of river in village Mirjumla. 4. Learned counsel for the petitioners submit that the Patna High Court CR. MISC. No.2129 of 2025(2) dt.23-01-2025 2/2 petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is submitted that recovery is from an open place, which is accessible to one and all. The petitioners are in custody since 04.11.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6. Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioners and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhagwanpur Hat PS Case No. 446 of 2024. Raj Ranjan/- (Rudra Prakash Mishra, J) U T