IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79436 of 2025 Arising Out of PS. Case No.-369 Year-2025 Thana- KHAJEKALA District- Patna ====================================================== 1. Sanjay Rai @ Sanjay Ray @ Sanjay Kumar S/o- Lala Rai @ Lala Ray R/o Muhalla- Diwan Mohalla, Nauzar Katra, P.S.- Khajekalan, District- Patna 2. Ankit Kumar @ Ankit S/o Shyam Prakash Rai R/o Muhalla- Diwan Mo- halla, Nauzar Katra, P.S.- Khajekalan, District- Patna ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Arvind Kumar Pradhan For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 03-12-2025 1. Heard the parties. 2. The petitioners apprehend their arrest in connection with Khajekalan P.S. Case No. 369 / 2025 dated 08.09.2025 regis- tered under Sections 37(C) / 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022. 3. As per the F.I.R. a total quantity of 29 liters of country made ‘mahua’ liquor has been recovered from a ‘khatal’ and one red colour Splendor motorcycle bearing registration no. BR1S- 0998 has been recovered. It is further alleged that the splendor motorcycle belongs to the petitioner no. 1 -Sanjay Rai @ Sanjay Ray @ Sanjay Kumar. 4. Learned counsel for the petitioners submits that petitioners Patna High Court CR. MISC. No.79436 of 2025(2) dt.03-12-2025 2/3 are innocent and have falsely been implicated in this case due to village politics. The name of the petitioners surfaced on the basis of secret disclosure by one person present at the place of occurrence. Police during search and seizure has not complied the provisions enshrined under Section 103 of the B.N.S.S. The petitioner no. 1 Sanjay Rai @ Sanjay Ray @ Sanjay Kumar has three criminal antecedent of similar nature of offence whereas the petitioner no. 2 is a stranger having no criminal antecedent. 5. Taking into consideration the fact that prima facie case is made out against the petitioner no. 1 inasmuch as recovery of illicit country made liquor has been made from ‘khatal’ belong- ing to the petitioner no. 1, the motorcycle in question is also owned by the petitioner no. 1 and he is having three criminal an- tecedent, accordingly, I am not inclined to grant anticipatory bail to the petitioner no. 1 (Sanjay Rai @ Sanjay Ray @ Sanjay Ku- mar). The same is rejected. 6. Insofar as the petitioner no. 2 – Ankit Kumar @ Ankit is concerned, taking into consideration the fact that petitioner no. 2 is a stranger having no criminal antecedent, as such, I am inclined to grant anticipatory bail to the petitioner no. 2. 7. Let the petitioner no. 2 , above named, be released on antic- ipatory bail in the event of arrest or surrender before the court Patna High Court CR. MISC. No.79436 of 2025(2) dt.03-12-2025 3/3 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 Exclusive Special Court of Excise, Patna City in connection with Khajekalan P.S. Case No. 369 / 2025 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023. praful/- (Anil Kumar Sinha, J) U T