IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14036 of 2026 Arising Out of PS. Case No.-565 Year-2025 Thana- KHAJEKALA District- Patna ====================================================== 1. Santosh @ Sanichar Kumar S/O Sachidanand Rai @ Sachchidanand Ray R/O Mohalla - Mitan Ghat Chauraha, P.S- Khajekala, Dist- Patna. 2. Nirdosh Kumar S/O Sachidanand Rai @ Sachchidanand Ray R/O Mohalla - Mitan Ghat Chauraha, P.S- Khajekala, Dist- Patna. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajeev Kumar, Advocate For the Opposite Party/s : Mr.Arun Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 26-02-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Khajekalan P.S. Case No. 565 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 462 liters of country made liquor was recovered behind the temple. 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.14036 of 2026(2) dt.26-02-2026 2/3 got no concern with the alleged recovery of liquor. The name of the petitioenrs trasnpired on secret information. Learned counsel for the petitioner further submitted that the recovery has been made from open place, which is accessible to public at large. The petitioners are in custody since 29.12.2025. Petitioner no.1 has three criminal antecedents, whereas petitioner No.2 has six criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. Learned APP 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 after framing of charge, if not already framed on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khajekalan P.S. Case No. 565 of 2025, subject to the following conditions: (I) One of the bailors shall be the petitioners’ own or close member. (II) The petitioners shall appear on each and every Patna High Court CR. MISC. No.14036 of 2026(2) dt.26-02-2026 3/3 date fixed during the trial and shall not remain absent on two consecutive dates without sufficient cause. (III) The petitioners shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial. In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioners. manish/- (Rudra Prakash Mishra, J) U T