IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36060 of 2026 Arising Out of PS. Case No.-102 Year-2026 Thana- SUPPI District- Sitamarhi ====================================================== 1. Bigan Mahto Son of Fekan Mahto Resident of Village- Akhta, Akhta Nuniya Tola, Ward No. 02, P.S.- Suppi, District- Sitamarhi. 2. Bhikhari Mahto Son of Gagandeo Mahto @ Gagan Mahto Resident of Village- Akhta, Akhta Nuniya Tola, Ward No. 02, P.S.- Suppi, District- Sitamarhi. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dwij Raj, Advocate For the State : Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 08-06-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in a case registered for the offence punishable under Sections 30(a) of the Bihar Liquor Prohibition and Excise Act and 317 (5) of the BNS. 3. There is a recovery of 72 liters of Nepali illicit liquor from jute bags kept on the back seat of a motorcycle. 4. Learned counsel for the petitioners submits that no recovery was made from the personal or conscious possession of the petitioners. The petitioners are not the owner of the motorcycle in question. It is further submitted that on account of enmity with the chowkidar, the petitioners have been made accused in this case although they were not present at the spot and were not arrested on the spot. The petitioners are in custody since Patna High Court CR. MISC. No.36060 of 2026(2) dt.08-06-2026 2/2 18.04.2026. 5. Learned APP for the State opposed the bail petition of the petitioners on the ground of their criminal antecedents. 6. Taking into consideration the facts and circumstances of the case and also considering the fact that the petitioners were not arrested at the spot and were rather identified by the local chowkidar, let the above named petitioners, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Exclusive Excise Court No.-I, Sitamarhi/concerned Court below in connection with Suppi P.S. Case No. 102 of 2026, subject to the conditions that: (I) One of the bailors will be their own blood relative, preferably, father, mother, brother, sister and/or his wife. (II) The petitioners shall cooperate in the investigation/trial and in case of non-cooperation, the prosecution would be at liberty to move an application for cancelling the bail bonds of the petitioners. priyanka/- (Soni Shrivastava, J) U T