IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9840 of 2026 Arising Out of PS. Case No.-2205 Year-2025 Thana- Excise P.S. District- Muzaffarpur ====================================================== 1. Raushan Kumar Son of Chandeshwar Rai @ Chandeshwar Prasad Yadav R/o Village - Raghopur, Ward no. - 08, P. S - Ahiyapur, District - Muzaffarpur. 2. Chandeshwar Rai @ Chandeshwar Prasad Yadav Son of Late Mahavir Ray R/o Village - Raghopur, Ward no. - 08, P. S - Ahiyapur, District - Muzaffarpur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Hemant Kumar For the Opposite Party/s : Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 17-02-2026 Heard the parties. 2. The accused/petitioners are named in the F.I.R. and apprehending their arrest in connection with Excise P.S. Case No. 2205 of 2025 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act. 3. The allegation against the petitioners is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 795.870 litres of IMFL/country made liquor. 4. Learned counsel appearing on behalf of the petitioners submitted that recovery of illicit liquor was made from the hut and admittedly the same is not recovered from the conscious physical possession of these petitioners, who are men of Patna High Court CR. MISC. No.9840 of 2026(2) dt.17-02-2026 2/2 clean antecedent. While concluding the argument it submitted that seizure list appears doubtful being not supported by independent witnesses rather by police personnels. 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 these petitioners, accordingly both-above named petitioners, in the event of their arrest or surrender before the learned trial court within a period of four weeks, are 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 Exclusive Special Judge, Excise-II, Muzaffarpur/concerned trial court where the case is pending in connection with Excise P.S. Case No. 2205 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