Bhola Bin @ Bhola Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34326 of 2026 Arising Out of PS. Case No.-315 Year-2025 Thana- RAGHUNATHPUR District- Siwan ====================================================== Bhola Bin @ Bhola Bind S/o Dindayal Bin Resident of Village- Sitalpur, P.S.- Raghunathpur, District- Siwan. ... ... Petitioner/s

Versus

The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Kumari Anupam, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 10-06-2026 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Perusal of the first information report and the seizure list would go to show that 17.500 liters of country made liquor is said to have been recovered from the bush behind the house of the petitioner.

4. It is submitted by learned counsel for the petitioner that the there is no recovery from the conscious or physical possession of the petitioner The place of recovery is an open place and easily accessible to anyone, hence no liability can be fixed on the petitioner. There is violation of the mandatory provisions of the search and seizure as there is no independent

Patna High Court CR. MISC. No.34326 of 2026(3) dt.10-06-2026 2/2 witness to the seizure list. Petitioner has been languishing in custody since 17.04.2026.

5. Learned APP for the State opposes the bail petition on the ground that petitioner has six criminal antecedents of similar nature of the offence. In response, it is submitted on behalf of the petitioner that petitioner is on bail in all the cases.

6. Taking into consideration the fact and circumstances of the case and also considering the fact that there is non-compliance of the mandatory provisions of search and seizure, the above named petitioner is directed to be enlarged on bail 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 Raghunathpur P.S. Case No. 315 of 2025, subject to the further condition that: (i) The petitioner shall cooperate in the investigation/trial.

(ii) The one of the bailors will be a family member/close relative.

(Soni Shrivastava, J) Trivedi/- U T