IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9885 of 2026 Arising Out of PS. Case No.-538 Year-2025 Thana- KESARIA District- East Champaran ====================================================== 1. Sanjay Rai S/o Ramagya Rai 2. Subhash Rai S/o Late Chanar Rai 3. Achhelal Rai S/o Bahadur Rai 4. Guddu Kumar S/o Nawab Rai 5. Hakim Rai S/o Hajari Rai 6. Fulena Rai S/o Rama Rai All are R/o Village-Kadhan, Ward No.-09, P.S.- Kesariya, Distt.- East Champaran. ... ... Petitioners Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 17-02-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The accused/petitioners are named in the FIR and apprehending their arrest in connection with Kesariya P.S. Case No.538 of 2025 registered under Sections 274, 275 of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is Patna High Court CR. MISC. No.9885 of 2026(2) dt.17-02-2026 2/3 recovery of 120 liters of IMFL/country-made liquor. 4. It is submitted by learned counsel appearing for the petitioners that name of petitioners transpired on the basis of suspicion arising out of disclosure made by local Choukidar, who were said to be ran away from the place of recovery and manufacturing of illicit liquor. It is submitted that recovery was made from Diara area, belt of river, which is an open place and accessible to general public. 5. Learned APP opposes the prayer of bail. 6. In view of the above-mentioned facts and circumstances and by taking note of fact as recovery of alleged illicit liquor prima facie not appears to be made from conscious physical possession of petitioners, accordingly, all above-named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, are directed to 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 Exclusive Special Excise Court No.3, East Champaran at Motihari in connection with Kesariya P.S. Case No.538 of Patna High Court CR. MISC. No.9885 of 2026(2) dt.17-02-2026 3/3 2025, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the B.N.S.S. Sanjeet/- (Chandra Shekhar Jha, J) U T