IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35070 of 2026 Arising Out of PS. Case No.-19 Year-2026 Thana- KAMTAUL District- Darbhanga ====================================================== Suresh Sahni, aged about 32 years, male, Son of Devan Sahni, Resident of Village- Tataila, P.S.- Kamtaul, District- Darbhanga. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Saurav Anand, Advocate For the Opposite Party/s : Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 2 21-05-2026 Heard learned counsel for the petitioner and learned APP for the State through virtual mode. 2. The petitioner seeks regular bail in connection with Kamtaul P.S. Case No. 19 of 2026, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per allegation in the FIR, total 70 liters of country made Mahua liquor has been recovered near the ditch- like pond inside the orchard of co-accused Bhikhari Sahani. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that nothing has been recovered from the conscious possession of the petitioner. He further submits that local chaukidar has disclosed the name Patna High Court CR. MISC. No.35070 of 2026(2) dt.21-05-2026 2/3 of the petitioner. He next submits that the recovery is from an open space and easily accessible to anyone. He lastly submits that on the basis of secret information and disclosure made by local chaukidar, the petitioner has been made an accused in this case. Petitoner is in custody since 24.03.2026. 5. Learned APP for the State opposes the prayer for regular bail of the petitioner. 6. From perusal of the FIR, seizure list and impugned order of the learned Special Judge-1st (Excise Act), Darbhanga dated 28.04.2026, it appears that on the basis of written report of the informant, FIR has been registered under Section 30(a) of the Bihar Prohibition and Excise Act against five co-accused persons including the present petitioner and the allegation is of recovery of Mahua liquor. Petitioner is in custody since 24.03.2026 and there is no any independent witness of the seizure list, so considering all the aspects of the case and submission of learned counsel for the petitioner, I am inclined to grant regular bail to the above named petitioner. 7. Accordingly, the prayer for regular bail of the above named petitioner is allowed. Let the petitioner above named be released on regular bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like Patna High Court CR. MISC. No.35070 of 2026(2) dt.21-05-2026 3/3 amount each to the satisfaction of the learned In-charge Special Judge-1st, (Excise Act), Darbhanga in connection with Kamtaul P.S. Case No. 19 of 2026. Anand Kr. (Ramesh Chand Malviya, J) U T