IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2068 of 2025 Arising Out of PS. Case No.-288 Year-2024 Thana- PHULWARIYA District- Gopalganj ====================================================== Shailesh Gond @ Shailesh Prasad S/O Late Nathuni Gond @ Late Nathuni Sah R/O Village- Bhagwat Parsa, P.S- Phulwariya (Fulwariya), Distt.- Gopalganj. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Lokesh Kumar Singh, Advocate For the Opposite Party/s : Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 3 30-04-2025 1. Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner apprehendes his arrest in connection with Phulwariya P.S. Case no.288 of 2024 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016. 3. From a perusal of the F.I.R and the seizure list it appears that there is recovery of 13.800 liters of country made liquor from a plastic bag which was found near baithan of the petitioner. The local chowkidar disclosed the name of the petitioner and that is how the name of the petitioner has figured in the case. 4. Learned counsel for the petitioner submits that the Patna High Court CR. MISC. No.2068 of 2025(3) dt.30-04-2025 2/3 petitioner has been falsely implicated in the case. No recovery has been made from physical or conscious possession of the petitioner. The alleged place is an open space which is accessible to all. The name of the petitioner has come only on the basis of suspicion. No any independent witness has come forward to support the prosecution case. The petitioner undertakes to cooperate in the case/trial. 5. The application for anticipatory bail is opposed by learned A.P.P. for the State who submits that the petitioner has been earlier made an accused in three cases of the same nature. However, learned counsel for the petitioner submits that the petitioner is on bail on the cases. 6. In view of the entire facts of the case and also considering the fact that the place of recovery being an open space which is accessible to all, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Phulwariya P.S. Case no.288 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge- XIII-cum-Special Judge, Excise Court No. 1, Gopalganj, subject Patna High Court CR. MISC. No.2068 of 2025(3) dt.30-04-2025 3/3 to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that:- (i) One of the bailors shall be the family member/relative of the petitioner. (ii) The learned Court below shall verify the criminal antecedent of the petitioner before releasing him on bail and if, it is found that the petitioner is involved in any other cases, his bail bond shall not be accepted by the learned Court below. However, it is expected that the verification process would be done expeditiously without causing any delay. Harsh/- (Soni Shrivastava, J) U T