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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84762 of 2025 Arising Out of PS. Case No.-213 Year-2025 Thana- PIPRAKOTHI District- East Champaran ======================================================
1. Sita Devi Wife of Surendra Manjhi Resident of Village- Jhakhra Paratiya Tola, P.S.- Piprakothi, District- East Champaran
2. Nirmala Devi Wife of Shankar Manjhi Resident of Village- Jhakhra Paratiya Tola, P.S.- Piprakothi, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar Mr. Hemant Ray For the Opposite Party/s : Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 19-12-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Perusal of the first information report and the seizure list, would go to show that 5 liters of country made liquor is said to have been recovered behind the house of the petitioners.
4. It is submitted by learned counsel for the petitioners that there is no recovery from the physical and conscious possession of the petitioners. It is submitted that the place of recovery is an open place and easily accessible to
Patna High Court CR. MISC. No.84762 of 2025(2) dt.19-12-2025 2/2 anyone. It is further submitted that the mandatory provisions of search and seizure have been violated as there is no independent witness to the seizure list. Both the petitioners are females having no criminal antecedent.
5. Learned APP for the State opposes the prayer for bail.
6. Taking into consideration the fact and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail 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 court below where the case is pending/successor court in connection with Piprakothi P.S. Case No. 213 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.
devendra/- (Soni Shrivastava, J) U T