Ramsundar Mochi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36587 of 2025 Arising Out of PS. Case No.-35 Year-2025 Thana- BHAGWANGANJ District- Patna ====================================================== 1.

Ramsundar Mochi S/O Late Ramjiwan Mochi Resident of VillageAdampur, P.S.- Kalpa, District- Jehanabad. 2.

Sadan Mochi S/O Late Ramdev Mochi Resident of Village- Adampur, P.S.- Kalpa, District- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 29-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. Perusal of the first information report and the seizure list, would go to show that 40 liters of country made liquor along with gas cylinder and some utensils is said to have been recovered near brick kiln.

4. It is submitted by learned counsel for the petitioners that there is no recovery from the physical and conscious possession of the petitioners. The recovery is from an

Patna High Court CR. MISC. No.36587 of 2025(2) dt.29-05-2025 2/2 open space which is accessible to all. There is no independent witness to the seizure list and the petitioners are in custody since 25.02.2025 with no criminal antecedent. Charge-sheet has already been submitted in the case.

5. Learned APP for the State opposes the prayer for bail.

6. Taking into consideration the fact and circumstances of the case, the above named petitioners are directed to 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 Bhagwanganj P.S. Case 35 of 2025.

(Soni Shrivastava, J) devendra/- U T