IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70504 of 2025 Arising Out of PS. Case No.-442 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== Narad Rai S/O Sri Narayan Rai @ Shrinarayan Ray R/O Vill.- Semra, P.S.- Chiraiya, Dist.- East Champaran. ... ... Petitioner/s Versus The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Suraj Kumar Tiwari For the Opposite Party/s : Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 07-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Chiraiya P.S. Case No. 442 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. 3. As per prosecution case, 10 litre country made liquor was recovered from plastic sack found at the bank of river at Semra Sijua. Local chaukidar disclosed the name of the petitioner and other who fled away from the place of occurrence. 4. Learned counsel for the petitioner submits that the place of recovery is an open place and petitioner cannot be held liable for the alleged recovery. He further submits that Patna High Court CR. MISC. No.70504 of 2025(2) dt.07-10-2025 2/3 except disclosure of the local chaukidar, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. He was not found at the place of occurrence. Petitioner is innocent and has committed no offence as alleged in the FIR. He further submits that due to personal vendetta with the local chaukidar, petitioner has falsely been implicated in this case. Seizure list has not been made as per law. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act. Petitioner bears criminal antecedent of one case in which he is on bail. 5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner by submitting that the name of the petitioner has been surfaced in this case upon the disclosure of local chaukidar and petitioner cannot escape from the allegation made in FIR. Hence, petitioner does not deserve anticipatory bail. 6. Considering the facts and circumstances of the case, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from Patna High Court CR. MISC. No.70504 of 2025(2) dt.07-10-2025 3/3 today, be released on anticipatory 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 Special Judge, Excise Court No. 1, East Champaran, Motihari in connection with Chiraiya P.S. Case No. 442 of 2024, subject to the conditions as laid down under Section 482 (2)of BNSS. 7. The application stands allowed. alok/- (Alok Kumar Pandey, J) U T