IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89174 of 2024 Arising Out of PS. Case No.-429 Year-2024 Thana- PUPRI District- Sitamarhi ====================================================== 1. Raja Kumar, S/O Ganesh Mahto, Village- Rampur Pachhasi, P.S- Pupri, District- Sitamarhi 2. Raja Kumar @ Raja Kumar Chaudhary, S/O Pragash Mahto @ Pragash Chaudhary, Village- Rampur Pachhasi, P.S- Pupri, District- Sitamarhi ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Murari, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 08-01-2025 Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State. 2. The petitioners apprehend their arrest in connection with Pupari P.S. Case No. 429 of 2024, registered for the offences punishable under Sections 30(a) of the Bihar Excise and Prohibition Act, 2022. 3. The police on a secret information raided the shop of the petitioners from where 12 liters Nepali wine was recovered from the shop of the petitioner no. 1 whereas 14.400 liters Nepali wine was recovered from the petitioner no. 2. 4. Learned Advocate appearing on behalf of the Patna High Court CR. MISC. No.89174 of 2024(2) dt.08-01-2025 2/3 petitioner contended that in fact the recovery has not been made from the shop of the petitioner, however only on account of some altercation which took place between the police and the family members of the petitioner, their names have been implicated in this case. Had the recovery been made from the shop of the petitioners, there would have been signature of any of the family member of the petitioners, but both the witnesses to the seizure are none else but the police personnels. The petitioners bear fair antecedent and they undertake before this Court that they will fully co-operate in the proceeding of the Court 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the recovery is made from the shop of the petitioners. 6. Regard being had to the submissions made on behalf of the parties and considering the infirmities in the search and seizure coupled with the fair antecedent of the petitioners, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to Patna High Court CR. MISC. No.89174 of 2024(2) dt.08-01-2025 3/3 the satisfaction of the learned Spl. Judge Excise Court-02, Sitamarhi in connection with Pupari P.S. Case No. 429 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. supratim/- (Harish Kumar, J) U T