IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83014 of 2025 Arising Out of PS. Case No.-397 Year-2025 Thana- KHUSRUPUR District- Patna ====================================================== Loha Mahto S/o- Late Muneshwar Mahto R/v- Hardas Bigha Ps- Khusrupur Dist- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Rai, Advocate For the Opposite Party/s : Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 3 06-01-2026 Heard the learned counsel for the petitioner and learned APP for the State. 2. Petitioner, who is in custody, seeks bail in connection with Khusrupur P.S. Case No. 397 of 2025 registered for the offence(s) punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per the prosecution case, on the basis of secret information received by the police that the petitioner was selling liquor from his dalan, a raid was conducted and upon search a total of 17 litres of chulai liquor was recovered from the dalan of the petitioner. 4. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and Patna High Court CR. MISC. No.83014 of 2025(3) dt.06-01-2026 2/3 has no concern whatsoever with the recovered liquor. It is contended that the dalan is an open space easily accessible to all and therefore the petitioner had no knowledge as to who had kept the said chulai liquor there or from where it had been brought. The learned counsel lastly submits that the petitioner has one criminal antecedent and he is in custody since 19.10.2025. 5. The learned A.P.P. has vehemently opposed the prayer for bail. 6. Regard being had to the facts and circumstances of the case and taking note of the fact that the petitioner has remained in custody since 19.10.2025, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection Khusrupur P.S. Case No. 397 of 2025, subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative and the other shall be the local resident. (ii) The petitioner shall remain physically present in Court on each date of the trial. (iii) In case of absence on two consecutive dates or in Patna High Court CR. MISC. No.83014 of 2025(3) dt.06-01-2026 3/3 violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. (iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond. (v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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. 7. Accordingly, the prayer for bail is allowed. 8. It is made clear that the observation, if any, made in this order, shall be of no bearing during the trial. aditya/- (Sourendra Pandey, J) U T