IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17963 of 2026 Arising Out of PS. Case No.-136 Year-2024 Thana- SONBERSA District- Sitamarhi ====================================================== Subodh Baitha Son of Chhedi Baitha Resident of Village- Ramnagra, P.S.- Riga, District- Sitamarhi ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Birendra Kumar For the Opposite Party/s : Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 03-04-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. 3. Perusal of the first information report and the seizure list, would go to show that 18.675 liters of foreign liquor is said to have been recovered from the backpack which was being carried by co-accused Amit Kumar. 4. It is submitted by learned counsel for the petitioner that there is no recovery from the physical and conscious possession of the petitioner. As a matter of fact, the name of the petitioner has transpired as he is the owner of the said scooty which was being used by Amit Kumar. It is further submitted that the mandatory provisions of search and seizure have been violated Patna High Court CR. MISC. No.17963 of 2026(2) dt.03-04-2026 2/2 as there is no independent witness to the seizure list. 5. Learned APP for the State opposes the prayer for bail on the ground that petitioner has four criminal antecedents of similar nature of the offence, to which, learned counsel for the petitioner submits that the petitioner is on bail in all the cases. 6. Taking into consideration the facts and circumstances of the case, let the above named petitioner in the event of his 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) 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 Sonbarsa P.S. Case No. 136 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S., subject to the further conditions: (i) The petitioner shall cooperate in the investigation/trial. (ii) One of the bailors will be a family member/close relative. devendra/- (Soni Shrivastava, J) U T