IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19569 of 2026 Arising Out of PS. Case No.-4 Year-2026 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1. Mukesh Kumar @ Mukesh Yadav @ Kathawa S/o Late Bhagirathi @ Sadhu R/o vill - Bhagwatipur, P.S.- Udawantnagar, Distt.- Bhojpur 2. Rakesh Kumar S/o Dayanand Singh R/o vill - Bhagwatipur, P.S.- Udawantnagar, Distt.- Bhojpur 3. Rohit Kumar S/o Krishna Singh R/o vill - Bhagwatipur, P.S.- Udawantnagar, Distt.- Bhojpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Priya For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 03-04-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. Perusal of the first information report and the seizure list, would go to show that 35 liters of country made liquor is said to have been recovered from the garden near the canal. 4. It is submitted by learned counsel for the petitioners that there is no recovery from the physical and conscious possession of the petitioners. It is submitted that the place of recovery is an open place and easily accessible to anyone. It is further submitted that the mandatory provisions of search and Patna High Court CR. MISC. No.19569 of 2026(2) dt.03-04-2026 2/2 seizure have been violated as there is no independent witness to the seizure list. 5. Learned APP for the State opposes the prayer for bail on the ground that petitioners have criminal antecedents, to which, learned counsel for the petitioners submits that the petitioners are on bail in all the cases. 6. Taking into consideration the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on 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 court below where the case is pending/successor court in connection with Udawantnagar P.S. Case No. 04 of 2026, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S., subject to the further conditions: (i) The petitioners shall cooperate in the investigation/trial. (ii) One of the bailors will be a family member/close relative. devendra/- (Soni Shrivastava, J) U T