IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86351 of 2025 Arising Out of PS. Case No.-499 Year-2025 Thana- BAIRIYA District- West Champaran ====================================================== 1. Mani Yadav @ Manilal Son of Shree Yadav Resident Of Village- vard No. 12, Police Station- Bairiya District- West Champaran 2. Kamlesh Yadav son of Rameshwar Yadav Resident Of Village- vard No. 12, Police Station- Bairiya District- West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s : Mr. Bishweshwar Ram, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 23-12-2025 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. This application for grant of anticipatory bail, arises out of Bairiya Police Station Case No. 499 of 2025, disclosing offence under Section 30(a) of Bihar Prohibition & Excise Act. 3. The prosecution case, as per the First Information Report, is that on 24.10.2025, police received secret information that two liquor smugglers, namely, Mani Yadav (petitioner no.1) and Kamlesh Yadav (petitioner no.2) were manufacturing and selling country-made liquor in Bajrang field, Ward No. 7, Laukaraiya. Upon such information, police party proceeded towards the place of occurrence. On seeing the police party, two Patna High Court CR. MISC. No.86351 of 2025(2) dt.23-12-2025 2/3 individuals fled from the field after attempting to chase. Local Chaukidar identified the fled away person as Mani Yadav (petitioner no. 1) and Kamlesh Yadav (petitioner no. 2). On search, total 50 litres of country-made liquor was recovered from the bush. 4. Learned Counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. The name of the petitioners have come on the basis of discloser made by loacl Chaukidar. Recovery has been made from the bush, which is an open space, accessible to all and sundry. Nothing has been recovered from the conscious possession and/or premises belonging to the petitioners. 5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that recovery has been made from an open space which is accessible to all and sundry, nothing has been recovered from the conscious possession and/or premises belonging to the petitioners, I am inclined to grant the petitioners privilege of anticipatory bail. 6. This application is, accordingly, allowed. 7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four Patna High Court CR. MISC. No.86351 of 2025(2) dt.23-12-2025 3/3 weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court-1, Bettiah, West Champaran, in connection with Bairiya Police Station Case No. 499 of 2025, subject to the condition laid down under Section 482 (2) of the B.N.S.S. Siwani/- (Anil Kumar Sinha, J) U T