Bhola SahaniversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42241 of 2026
                       Arising Out of PS. Case No.-205 Year-2026 Thana- CIVIL LINE District- Gaya
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                 Bhola Sahani, aged about 40 years, Male, Son of Late Mohan Mallah,
                 Resident of Mohalla- Nadraganj Mallah Toili, P.S.- Civil Lines, District- Gaya
                 Ji.
                                                                              ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shivendra Prasad, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar, APP
              ======================================================
             CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                    ORAL ORDER

2   01-07-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Civil

                   Lines P.S. Case No. 205 of 2026 instituted for the offences

                   punishable under Sections 30(a) and 37 of the Bihar Prohibition

                   and Excise Act.

                                3. As per allegation in the FIR, on search, total 97.1

                   liters of wine and beer have been recovered from the house of

                   the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence and has

                   falsely been implicated in this case. He submits that the

                   recovery is not from the separate house rather the same is from

                   the joint house. He further submits that the petitioner was not
Patna High Court CR. MISC. No.42241 of 2026(2) dt.01-07-2026
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          arrested from the room. He next submits that the petitioner in

          his statement before the police had said that his cousin is

          involved in wine business and the petitioner has no concern with

          the wine. Petitioner has got clean antecedent as stated in para 3

          of the bail petition and he is in judicial custody since

          23.04.2026.

                       5. Learned APP for the State opposes the prayer for

          regular bail of the petitioner.

                       6. From perusal of the FIR, seizure list and the

          impugned order of the learned Exclusive Special Excise, Court

          No. 1, Gaya Jee dated 20.05.2026, it appears that petitioner is

          named in the FIR. From perusal of the records, it also appears

          that on the basis of written report of the informant, FIR has been

          registered under Sections 30(a) and 37 of the Bihar Prohibition

          and Excise Act against the present petitioner and the allegation

          is of recovery of wine and beer from the house of the petitioner.

          From perusal of seizure list, it also appears that there is no any

          independent witness of the seizure, petitioner is under custody

          since 23.04.2026 having got clean antecedent as stated in para 3

          of the petition, so considering all these aspects of the case and

          submission of learned counsel for the petitioner, I am inclined to

          grant regular bail to the petitioner.
            Patna High Court CR. MISC. No.42241 of 2026(2) dt.01-07-2026
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                                   7. Accordingly the prayer for regular bail of the

                      petitioner is allowed. Let              the petitioner above named be

                      released on regular bail on furnishing bail bonds of Rs. 10,000/-

                      (Ten Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Special Judge, Excise Court No.1,

                      Gaya Jee in connection with Civil Lines P.S. Case No. 205 of

                      2026.


                                                                (Ramesh Chand Malviya, J)

Anand Kr.

U     T