IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6443 of 2026 Arising Out of PS. Case No.-437 Year-2025 Thana- ADAPUR District- East Champaran ====================================================== 1. Deenanath Chaudhary S/O Shambhu Chaudhary @ Shambhu Chaudhari Resident of village - Shyampur bazar Pasi Tola, P.S.- Adapur, District- East Champaran 2. Shambhu Chaudhary @ Shambhu Chaudhari S/O Janak Chaudhary Resident of village - Shyampur bazar Pasi Tola, P.S.- Adapur, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s : Mrs.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 02-02-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in Adapur P.S. case No. 437 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 90 liters liquor was recovered from motorcycle. 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 Patna High Court CR. MISC. No.6443 of 2026(2) dt.02-02-2026 2/3 have got no concern with the alleged recovery of liquor. It is further submitted that petitioner No. 1 was arrested on spot and on the basis of his disclosure, petitioner No. 2 was arrested. The petitioners have been falsely implicated by the police with ulterior motive. The petitioner No. 1 is in custody since 02.12.2025 whereas petitioner No. 2 is in custody since 22.12.2025. The petitioner No. 1 has clean antecedent whereas petitioner No. 2 has two criminal antecedents. There is no compliance of Section 103 of B.N.S.S., 2023. 5. Learned A.P.P. 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 on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Adapur P.S. case No. 437 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners. (II) The petitioners shall appear on each and every Patna High Court CR. MISC. No.6443 of 2026(2) dt.02-02-2026 3/3 date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners. Pankaj/- (Rudra Prakash Mishra, J) U T