IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86318 of 2025 Arising Out of PS. Case No.-204 Year-2025 Thana- PAHARPUR District- East Champaran ====================================================== Kalawati Devi W/o Jai Narayan Mahto @ Jaynarayan Mahto Resident of village- Sirani Nat Toli @ Sareya Dhagad Toli @ Sareya Birti Tola, ward no. 4, P.S.- Malahi, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sujeet Kumar For the Opposite Party/s : Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 23-12-2025 1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application for grant of anticipatory bail arises out of Paharpur Police Station Case No. 204 of 2025, dated 28.04.2025, disclosing offence under Section 30(a)(b)(c)/41(1)/52 of the Bihar Prohibition and Excise Act. 3. That the prosecution story, as per the First Information Report, is that on 28.04.2025, on receipt of secret information, the police reached at village Sareya Vriti Dhangar Toli, where, upon seeing the police party, two persons fled away and were identified by the local chowkidar. During Patna High Court CR. MISC. No.86318 of 2025(2) dt.23-12-2025 2/3 search of the nearby hutments in mango orchard, the police recovered country made illicit liquor totaling to 41 liters along with article for manufacturing liquor and about 500 liters of fermented mahua wash. 4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and the petitioner has been made accused on the basis of disclosure of his name by the local chowkidar. He next submits that illicit liquor and other incriminating articles has not been recovered from conscious possession and/or premises belonging to the petitioner. He further submits that from perusal of the seizure list it would be evident that illicit liquor and other incriminating articles have been recovered from a hutment situated in the mango orchard which is open space and is accessible to all and sundry. 5. Regards being had to the submission made by the parties and taking into consideration the fact that illicit liquor has been recovered from a hutment situated in mango orchard which is open space Patna High Court CR. MISC. No.86318 of 2025(2) dt.23-12-2025 3/3 and is accessible to all and sundry, I am inclined to grant the petitioner privilege of anticipatory bail. 6. This application is, accordingly, allowed. 7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Court No. I, East Champaran at Motihari, in connection with Paharpur Police Station Case No. 204 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. ashwani/- (Anil Kumar Sinha, J) U T