IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85823 of 2025 Arising Out of PS. Case No.-297 Year-2025 Thana- KUSHESHWARASTHAN District- Darbhanga ====================================================== Hira Paswan Son of Late Chhathu Paswan Resident of village - Rampur Raut, P.S.- Kusheshwar Asthan, District - Darbhanga. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Saurav Anand For the Opposite Party/s : Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 18-12-2025 1. Heard the parties. 2. The petitioner apprehends his arrest in connection with Kusheshwar Asthan P.S. Case No. 297 / 2025 dated 08.10.2025 registered for the offence under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act 2022. 3. As per the allegation made in the F.I.R. there is recovery of 02 liters of country made liquor from the thatched house of the petitioner and the petitioner managed to flee away. 4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence in the manner alleged. The name of the petitioner has transpired in the present case on the basis of disclosure made by the local chowkidar with whom the petitioner is having inimical terms. In paragraph Patna High Court CR. MISC. No.85823 of 2025(2) dt.18-12-2025 2/2 no. 11 of the bail application the petitioner has taken a ground that the thatched house made of sack cloth and asbestos is constructed upon Government land and the petitioner has no concern with the same. 5. Taking into consideration the fact that illicit country made liquor has been recovered from the house of the petitioner, the petitioner has one criminal antecedent related to similar nature of offence and in view of Full Bench judgment of this Court rendered in Cr. Appeal (SJ) No. 431 of 2019 ( Ram Vinay Yadav versus The State of Bihar ), I am not inclined to extend the privilege of anticipatory bail to the petitioner. The same is rejected. 6. However, if the petitioner surrenders and seeks regular bail, the concerned court may consider the prayer for bail on the same day without being prejudiced by the fact that the present anticipatory bail application has been rejected by this court. praful/- (Anil Kumar Sinha, J) U T