IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9847 of 2026 Arising Out of PS. Case No.-536 Year-2025 Thana- PAHARPUR District- East Champaran ====================================================== Bhola mahto @ Bhola mahato Son of Late Alakhdev Mahto @ Alakhdev Mahato Resident of Village - Bhanja Tola, P.S. - Pahadpur, Dist. - East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar For the Opposite Party/s : Mr.Khurshid Anwar ====================================================== 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 Paharpur P.S. Case No. 536 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 10 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 hut and admittedly, same is not recovered from the conscious physical possession of this petitioner. It is submitted that recovery is not made from conscious physical possession of the petitioner, Patna High Court CR. MISC. No.9847 of 2026(2) dt.17-02-2026 2/2 who is a man of clean antecedent. It is also 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 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 Court No. 1, East Champaran, Motihari/concerned trial court where the case is pending in connection with Paharpur P.S. Case No. 536 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