IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9888 of 2026 Arising Out of PS. Case No.-366 Year-2025 Thana- DORIGANJ District- Saran ====================================================== Harendra Rai S/o Bhola Rai @ Bhola Yadav R/o Village - Chakiya / Chakia, P.S - Doriganj, District - Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajit Kumar Singh For the Opposite Party/s : Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 17-02-2026 Heard the parties. 2. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Doriganj P.S. Case No.366 of 2025 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act. 3. The allegation against the petitioner is to be engage in illegal trading/manufacturing of illicit liquor, where, there is recovery of 66 litres of IMFL/country made liquor. 4. Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from the kiosk (gumti). It is further submitted that kiosk (gumti) in issue is not connected in any manner with petitioner. It is submitted that recovery is not made from conscious physical possession of the petitioner. It is also submitted that seizure list Patna High Court CR. MISC. No.9888 of 2026(2) dt.17-02-2026 2/2 appears doubtful being not supported by independent witnesses rather by police personnels. While concluding the argument it is submitted that petitioner found involved in two more cases, where he is on bail. 5. Learned APP, opposes the prayer for bail. 6. In view of the facts and circumstances as mentioned above as recovery of illicit liquor not appears to be made from the conscious physical possession of this petitioner, accordingly the petitioner above named, in the event of his arrest or surrender before the learned trial court within a period of four weeks, is directed to be released on bail, 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 Excise, 3rd Saran at Chapra/concerned trial court where the case is pending in connection with Doriganj P.S. Case No.366 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./ Section 482(2) of the BNSS. S.Tripathi/- (Chandra Shekhar Jha, J) U T