IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59395 of 2026 Arising Out of PS. Case No.-297 Year-2026 Thana- TURKAULIYA District- East Champaran ====================================================== Suresh Mahto, aged about 61 years (wrongly 33 years), S/O Pannalal Mahto, resident of village- Vrittiya Loknathpur, P.S.- Turkauliya, Dist.- East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 19-08-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner apprehends arrest in connection with Turkauliya PS Case No.297 of 2026 dated 07.06.2026, instituted under Sections 274, 275 of the Bharatiya Nyaya Sanhita, 2023. and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. 3. Allegation is of recovery of 50 litres countrymade liquor kept near the house of the petitioner.

4. Learned counsel for the petitioner submits that nothing has been recovered either from the conscious possession of the petitioner or from the house of the petitioner. The recovery has been effected outside the house of the petitioner. Patna High Court CR. MISC. No.59395 of 2026(2) dt.19-08-2026 2/3 The petitioner has been made accused only on the basis of disclosure made by the local chaukidar. Lastly, it is submitted that two cases of similar nature are pending against the petitioner. 5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-1, East Champaran, Motihari, in Turkauliya PS Case No.297 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and further (i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused Patna High Court CR. MISC. No.59395 of 2026(2) dt.19-08-2026 3/3

in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail, and (v) that the petitioner within two weeks from the date of furnishing bail bonds in the Court concerned shall appear before the SHO of his local area along with a copy of this order and thereafter shall appear before him every fortnightly to mark his attendance till the framing of charge in the case by the trial Court. 7. The application stands allowed. (Khatim Reza, J) J. Alam/- U T

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59395 of 2026 Arising Out of PS. Case No.-297 Year-2026 Thana- TURKAULIYA District- East Champaran ====================================================== Suresh Mahto, aged about 61 years (wrongly 33 years), S/O Pannalal Mahto, resident of village- Vrittiya Loknathpur, P.S.- Turkauliya, Dist.- East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 19-08-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner apprehends arrest in connection with Turkauliya PS Case No.297 of 2026 dated 07.06.2026, instituted under Sections 274, 275 of the Bharatiya Nyaya Sanhita, 2023. and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. 3. Allegation is of recovery of 50 litres countrymade liquor kept near the house of the petitioner.

4. Learned counsel for the petitioner submits that nothing has been recovered either from the conscious possession of the petitioner or from the house of the petitioner. The recovery has been effected outside the house of the petitioner. Patna High Court CR. MISC. No.59395 of 2026(2) dt.19-08-2026 2/3 The petitioner has been made accused only on the basis of disclosure made by the local chaukidar. Lastly, it is submitted that two cases of similar nature are pending against the petitioner. 5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-1, East Champaran, Motihari, in Turkauliya PS Case No.297 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and further (i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused Patna High Court CR. MISC. No.59395 of 2026(2) dt.19-08-2026 3/3

in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail, and (v) that the petitioner within two weeks from the date of furnishing bail bonds in the Court concerned shall appear before the SHO of his local area along with a copy of this order and thereafter shall appear before him every fortnightly to mark his attendance till the framing of charge in the case by the trial Court. 7. The application stands allowed. (Khatim Reza, J) J. Alam/- U T