IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86478 of 2025 Arising Out of PS. Case No.-358 Year-2025 Thana- OBRA District- Aurangabad ====================================================== Bajrangi Yadav @ Bajrangi Yado Son of Suresh Yadav Resident of Village - Mahadeva, P.S.- Obra, District - Aurangabad, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Rupa Kumari, Advocate For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 18-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his arrest in connection with Obra P.S. Case No.358 of 2025, F.I.R dated 18.10.2025 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. 3. As per the prosecution case, on receiving secret information, the informant and police raided the Son River diyara area where the accused were allegedly preparing illicit liquor. On seeing the police, the accused fled. The police recovered 550 liters of country-made liquor, 10,000 liters of fermented mahua mixture, 21 bhattis, and related utensils, prepared a seizure list, and registered the case. Patna High Court CR. MISC. No.86478 of 2025(2) dt.18-12-2025 2/3 4. Learned counsel for the petitioner submits that the recovery is said to have been made within the vicinity of Sone river diyara area, which is an open space and is accessible to general public. There is no independent witness to the seizure list, thereby violating the provisions of search and seizure under Section 104 of the B.N.S.S. It has next been submitted that the petitioner has one criminal antecedent which is akin to the instant case but the petitioner is on bail in the said case. 5. Learned APP for the State opposes the prayer for anticipatory bail application. 6. Learned counsel for the petitioner, on instructions, without accepting his guilt, proposes to deposit Rs.5000/- (Rupees Five Thousand) in the welfare account of the Advocate Association of the Patna High Court. 7. 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 petitioner and the petitioner is in no way connected with the seized articles, accordingly, this Court is inclined to grant anticipatory bail to the petitioner. 8. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the Patna High Court CR. MISC. No.86478 of 2025(2) dt.18-12-2025 3/3 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, Excise Court No.02, Aurangabad, in connection with Obra P.S. Case No.358 of 2025 subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023 and on production of the receipt showing deposit of Rs.5000/-, as proposed on behalf of the petitioner. sharun/- (Ajit Kumar, J) U T