IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4842 of 2026 Arising Out of PS. Case No.-2 Year-2026 Thana- BAKHARI District- Begusarai ====================================================== 1. Gita Devi @ Shushila Devi Son of Pawan verma R/o Village - Bagwan, P.S. - Bakhri, Dist. - Begusarai. 2. Kucho Kumar @ Kucho Son of Late Gandhi verma R/o Village - Bagwan, P.S. - Bakhri, Dist. - Begusarai. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shubhesh Pandey For the Opposite Party/s : Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 13-03-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Bakhri P.S. Case No. 02 of 2026, instituted for the offences punishable under Sections 30(a)(c)(d),32,33 and 41 of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 9.9 liters liquor along with 25 litres of spirit, 55 bottles of Mayor’s Chamiliya Potemisted Medicine were recovered near a hut. Petitioners were apprehended on the spot. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the Patna High Court CR. MISC. No.4842 of 2026(3) dt.13-03-2026 2/3 present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. The name of the petitioners surfaced in this case on the basis of discloser made by unknown spy. Learned counsel for the petitioner further submitted that the recovery has been made from field, which is an open place and is accessible to public at large. The petitioners are in custody since 02.01.2025 and have got no criminal antecedent. 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 Bakhri P.S. Case No. 02 of 2026, subject to the following conditions: (I) One of the bailors shall be the petitioners’ own or Patna High Court CR. MISC. No.4842 of 2026(3) dt.13-03-2026 3/3 close member. (II) The petitioners shall appear on each and every 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