IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.82649 of 2025 Arising Out of PS. Case No.-260 Year-2025 Thana- RAGHOPUR District- Vaishali ====================================================== 1. Manoj Mali @ Manoj Bhagat S/O Navani Bhagat @ Nemi Bhagat Resident of Village - Piradmariya, Kanganghat, Noordiganj, Police Station - Malsalami,Dist- Patna 2. Vinod Rai S/O Sanjiwan Rai Resident of Village - Piradmariya, Kanganghat, Noordiganj, Police Station - Malsalami,Dist- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Sweety Sinha, Advocate For the Opposite Party/s : Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 10-12-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in connection with Raghopur P.S. Case No.260 of 2025, F.I.R dated 19.09.2025 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 and Sections 274, 275 and 3(5) of the BNS, 2023. 3. As per the prosecution case, on 18.09.2025, S.I. Deepak Kumar of Rustampur Police Station received secret information that an illegal liquor shop (bhatti) was being operated on the bank of the Ganga river at Sukumarpur Piyar Darmahi Ghat. Acting on this information, he, along with an Patna High Court CR. MISC. No.82649 of 2025(2) dt.10-12-2025 2/3 armed police team, conducted patrol and a raid at the location. On seeing the police, several persons fled the spot. During the search, the police recovered and seized 75 litres of country- made liquor. The local watchman/chowkidaar identified the individuals who escaped as Manoj Mali, Vinod Rai, and Avadesh Rai. 4. Learned counsel for the petitioners submits that the place of recovery is from the bank of river Ganges, which is an open space and accessible to all. It is next submitted that the petitioners are in no way connected with the seized liquor and their names have transpired on the basis of secret information given by the local chowkidaar and the mandatory provisions under the BNSS for search and seizure has also been violated. The petitioners have clean antecedent. 5. Learned APP for the State opposes the prayer for anticipatory bail application. 6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the constructive possession and / or premises belonging to the petitioners and petitioners have clean antecedent and the place of recovery is from the bank of river Ganges, which is an open space and accessible to all, Patna High Court CR. MISC. No.82649 of 2025(2) dt.10-12-2025 3/3 accordingly, this Court is inclined to grant anticipatory bail to the petitioner. 7. Let the petitioners, above named, be released on anticipatory bail in the event of their arrest or surrender before the court below within a period of four weeks from today 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 Exclusive Special Prohibition and Excise Court-II-cum-District and Additional Sessions Judge at Hajipur, Vaishali, in connection with Raghopur P.S. Case No.260 of 2025 subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023. sharun/- (Ajit Kumar, J) U T