IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12054 of 2026 Arising Out of PS. Case No.-785 Year-2025 Thana- DARIYAPUR District- Saran ====================================================== 1. Surendra Mahto S/o Budhan Mahto R/o Village- Admapur, PS- Dariyarpur, Distt- Saran 2. Nitesh Kumar S/o Jungli Mahto R/o Village- Maksudpur, PS- Shahpur, Distt- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Khushi Awadh, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 23-02-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Dariyapur PS Case No. 785 of 2025 instituted for the offences under Sections 30(a), 30(c), 34 & 36 of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 115 liters country made liquor was recovered from near a pond. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have Patna High Court CR. MISC. No.12054 of 2026(2) dt.23-02-2026 2/2 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 15.12.2025 and has got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023. 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 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.15,000/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dariyapur PS Case No. 785 of 2025. Raj Kishore/- (Rudra Prakash Mishra, J) U T