IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27443 of 2026 Arising Out of PS. Case No.-246 Year-2025 Thana- KHAIRA District- Jamui ====================================================== Sudhir Naiya Son of Late Damodar Naiya Resident of Village- Gotwari Tola Chandrashaily (Ghatwari Tola), P.S.- Khaira, District- Jamui ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 01-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. 3. The allegation in the First Information Report is that 20 litres fermented Mahua and 05 litres of country made liquor was recovered from the house of the petitioner. 4. Learned counsel for the petitioner submits that 20 litres of fermented Mahua was recovered from the house of the petitioner, but the seizure list indicates that only 5 litres of country made liquor was recovered and such recovery has not been made in the presence of independent witness, as such, the mandatory provisions of search and seizure have been violated. Patna High Court CR. MISC. No.27443 of 2026(2) dt.01-05-2026 2/2 The petitioner has no criminal antecedent. 5. Learned APP for the State opposed the prayer for anticipatory bail on the basis of allegations made in the First Information Report. 6. Taking into consideration the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees 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 with Khaira P.S. Case No. 246 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. anand/- (Soni Shrivastava, J) U T