Marai BindversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36085 of 2026
                       Arising Out of PS. Case No.-10 Year-2026 Thana- Khawaspur District- Bhojpur
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           1.     Marai Bind S/o Late Bhoda Bind R/o vill - Khawaspur, P.s.- Krishnagarh,
                  Distt.- Bhojpur
           2.     Lalan Choudhary S/o Ghural Bind R/o vill - Khawaspur, P.s.- Krishnagarh,
                  Distt.- Bhojpur
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr.Niraj Kumar Singh
                 For the Opposite Party/s :        Mr.Asha Devi
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                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   08-06-2026                   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 Act.

                                   3. Perusal of the first information report and the

                   seizure list, would go to show that 6.36 liters of country made

                   liquor is said to have been recovered which was being carried

                   on a Dengi (boat) to be delivered at a particular village.

                                   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

                   petitioner was involved in local transpiration on ferry and he
             Patna High Court CR. MISC. No.36085 of 2026(2) dt.08-06-2026
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                       had no clue about the consignment being that of liquor. It is

                       further submitted that the mandatory provisions of search and

                       seizure have been violated as there is no independent witness to

                       the seizure list and the petitioners with no criminal antecedent

                       are languishing in judicial custody since 23.02.2026 and the

                       charge sheet has already been submitted.

                                         5. Learned APP for the State opposes the prayer for

                       bail.

                                    6.     Taking     into     consideration   the   facts   and

                       circumstances and also considering the fact that there is

                       violation in the process of search and seizure coupled with the

                       fact that the petitioners have no criminal antecedent, let the

                       above named petitioners 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 Khwaspur P.S. Case 10 of 2026.



                                                 (Soni Shrivastava, J)
devendra/-

U      T