IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36597 of 2026 Arising Out of PS. Case No.-78 Year-2026 Thana- GHOGHARDIHA District- Madhubani ====================================================== Mohan Purve S/o Late Ram Bilash Purbe (Wrongly stated age of the petitioner 70 Years in the impugned order) R/o Village - Ward No. 11, Amahi, P.S - Ghoghardiha, District - Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Baleshwar Kamat, Advocate For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 15-06-2026 Heard Mr. Baleshwar Kamat, learned counsel for the petitioner and Ms. Veena Kumari Jaiswal, learned APP for the State. 2. Petitioner seeks bail, who is in custody since 04.04.2026, in connection with Ghoghardiha P.S. Case No. 78 of 2026, G.R. No. 177 of 2026 F.I.R. dated 03.04.2026 registered for the offences punishable under Sections 274, 275 of the B.N.S. and Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2016. 3. Recovery is of 82.2 litres of Nepali country made liquor. 4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely Patna High Court CR. MISC. No.36597 of 2026(2) dt.15-06-2026 2/3

implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather recovery has been made from the house in question and petitioner is not the absolute owner of the house in question. It appears from the seizure list that the seizure list witnesses are police personnel so there is non-compliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 04.04.2026. 5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner. 6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and nothing has been recovered from the conscious possession of the petitioner and there is non-compliance of Sections 103 and 105 of the BNSS, 2023, let the petitioner, above named, be released 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 learned Exclusive Special Judge Excise Act, Jhanjharpur, District- Madhubani in connection with Ghoghardiha P.S. Case No. 78 of 2026, G.R. No. 177 of 2026, Patna High Court CR. MISC. No.36597 of 2026(2) dt.15-06-2026 3/3 subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. (2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. (3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajesh Kumar Verma, J) Ibrar//- U T

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36597 of 2026 Arising Out of PS. Case No.-78 Year-2026 Thana- GHOGHARDIHA District- Madhubani ====================================================== Mohan Purve S/o Late Ram Bilash Purbe (Wrongly stated age of the petitioner 70 Years in the impugned order) R/o Village - Ward No. 11, Amahi, P.S - Ghoghardiha, District - Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Baleshwar Kamat, Advocate For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 15-06-2026 Heard Mr. Baleshwar Kamat, learned counsel for the petitioner and Ms. Veena Kumari Jaiswal, learned APP for the State. 2. Petitioner seeks bail, who is in custody since 04.04.2026, in connection with Ghoghardiha P.S. Case No. 78 of 2026, G.R. No. 177 of 2026 F.I.R. dated 03.04.2026 registered for the offences punishable under Sections 274, 275 of the B.N.S. and Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2016. 3. Recovery is of 82.2 litres of Nepali country made liquor. 4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely Patna High Court CR. MISC. No.36597 of 2026(2) dt.15-06-2026 2/3

implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather recovery has been made from the house in question and petitioner is not the absolute owner of the house in question. It appears from the seizure list that the seizure list witnesses are police personnel so there is non-compliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 04.04.2026. 5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner. 6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and nothing has been recovered from the conscious possession of the petitioner and there is non-compliance of Sections 103 and 105 of the BNSS, 2023, let the petitioner, above named, be released 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 learned Exclusive Special Judge Excise Act, Jhanjharpur, District- Madhubani in connection with Ghoghardiha P.S. Case No. 78 of 2026, G.R. No. 177 of 2026, Patna High Court CR. MISC. No.36597 of 2026(2) dt.15-06-2026 3/3 subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. (2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. (3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajesh Kumar Verma, J) Ibrar//- U T