IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45716 of 2026 Arising Out of PS. Case No.-136 Year-2026 Thana- MAHUA District- Vaishali ====================================================== 1. Amod Paswan @ Amod Kumar Son of Sitaram Paswan R/O- Milki Chaksiya/ Chaksya, Harpur Belwa/ Belk, Police Station - Mahua, District -Vaishali. 2. Sitaram Paswan @ Sita Ram Paswan Son of Jagat Paswan R/O- Milki Chaksiya/ Chaksya, Harpur Belwa/ Belk, Police Station - Mahua, District -Vaishali. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Hemant Kumar For the Opposite Party/s : Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 10-07-2026 Heard the parties. 2. The accused/petitioners are named in the F.I.R. and apprehending their arrest in connection with Mahua P.S. Case No. 136/2026 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act and Sections 274 and 275 of the BNS. 3. The allegation against the petitioners is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 6.75 litres of IMFL/country made liquor.

4. Learned counsel appearing on behalf of the petitioners submitted that recovery of illicit liquor was made from the hut, which was jointly occupied by different adult family members. It is submitted that recovery was not made from conscious physical possession of these petitioners, who claimed Patna High Court CR. MISC. No.45716 of 2026(2) dt.10-07-2026 2/2 clean antecedent. It is also submitted that seizure list appears doubtful being not supported by independent witnesses rather by police personnel. 5. Learned APP, opposes the prayer for bail. 6. In view of aforesaid factual submission and by taking note of fact as recovery of illicit liquor prima-facie not appears to be made from the physical possession of these petitioners, accordingly both-above named petitioners, in the event of their arrest or surrender before the learned trial court within a period of four weeks, are directed to be released on bail, 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 Exclusive Special Prohibition and Excise Court III cum District and Additional Sessions Judge, Hajipur, Vaishali/concerned trial court where the case is pending in connection with Mahua P.S. Case No. 136/2026 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./ Section 482(2) of the BNSS. (Chandra Shekhar Jha, J) S.Tripathi/- U T

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45716 of 2026 Arising Out of PS. Case No.-136 Year-2026 Thana- MAHUA District- Vaishali ====================================================== 1. Amod Paswan @ Amod Kumar Son of Sitaram Paswan R/O- Milki Chaksiya/ Chaksya, Harpur Belwa/ Belk, Police Station - Mahua, District -Vaishali. 2. Sitaram Paswan @ Sita Ram Paswan Son of Jagat Paswan R/O- Milki Chaksiya/ Chaksya, Harpur Belwa/ Belk, Police Station - Mahua, District -Vaishali. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Hemant Kumar For the Opposite Party/s : Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 10-07-2026 Heard the parties. 2. The accused/petitioners are named in the F.I.R. and apprehending their arrest in connection with Mahua P.S. Case No. 136/2026 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act and Sections 274 and 275 of the BNS. 3. The allegation against the petitioners is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 6.75 litres of IMFL/country made liquor.

4. Learned counsel appearing on behalf of the petitioners submitted that recovery of illicit liquor was made from the hut, which was jointly occupied by different adult family members. It is submitted that recovery was not made from conscious physical possession of these petitioners, who claimed Patna High Court CR. MISC. No.45716 of 2026(2) dt.10-07-2026 2/2 clean antecedent. It is also submitted that seizure list appears doubtful being not supported by independent witnesses rather by police personnel. 5. Learned APP, opposes the prayer for bail. 6. In view of aforesaid factual submission and by taking note of fact as recovery of illicit liquor prima-facie not appears to be made from the physical possession of these petitioners, accordingly both-above named petitioners, in the event of their arrest or surrender before the learned trial court within a period of four weeks, are directed to be released on bail, 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 Exclusive Special Prohibition and Excise Court III cum District and Additional Sessions Judge, Hajipur, Vaishali/concerned trial court where the case is pending in connection with Mahua P.S. Case No. 136/2026 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./ Section 482(2) of the BNSS. (Chandra Shekhar Jha, J) S.Tripathi/- U T