IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18438 of 2026 Arising Out of PS. Case No.-79 Year-2026 Thana- DARIYAPUR District- Saran ====================================================== 1. Md. Ladle S/O Md. Ali R/O Village- Hukraha, P.S.- Dariyapur, Distt.- Saran. 2. Bharat Manjhi S/O Bali Manjhi R/O Village- Hukraha, P.S.- Dariyapur, Distt.- Saran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hemant Kumar, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 3 30-04-2026 Heard Mr. Hemant Kumar, learned counsel for the petitioners and Mr. Rana Randhir Singh, learned Additional Public Prosecutor for the State. 2. Petitioners seeks bail who are in custody since 30.01.2026 in connection with Dariyapur P.S. Case No. 79 of 2026, F.I.R. dated 30.01.2026 for the offences punishable under Sections 30(a), 34 and 36 of the Bihar Prohibition and Excise Act. 3. Recovery is of 30 liters of country made liquor and 1000 liters of semi finished liquor. 4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. The allegation as alleged in the Patna High Court CR. MISC. No.18438 of 2026(3) dt.30-04-2026 2/3 FIR is false and fabricated and the petitioners have not committed any offence as alleged in the FIR. He further submits that it appears from the seizure list that altogether 30 liters of country made liquor and 1000 liters of semi finished liquor have been recovered from the place of occurrence. He further submits that the 1000 liters of semi finished liquor has been destroyed by the police which was recovered from the open place and petitioners have no role at all in the present occurrence and their names have been transpired on the basis of secret information as well as on the basis of disclosure made by the local chowkidar. It appears from the seizure list that the seizure list witnesses are the police personnel, so there is non- compliance of Section 103/105 of the BNSS, 2023. The police have submitted charge sheet against the petitioners and the petitioners are in custody since 30.01.2026. 5 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners. 6. Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 01 Exclusive Special Excise Court, Saran at Chapra in Patna High Court CR. MISC. No.18438 of 2026(3) dt.30-04-2026 3/3 connection with Dariyapur P.S. Case No. 79 of 2026 subject to the following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Vanisha/- (Rajesh Kumar Verma, J) U T