IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13188 of 2025 Arising Out of PS. Case No.-493 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Kumod Rai @ Kumod Rai Son of Late Bijali Rai Resident of Village - Chandrahiya, P.S. - Muffasil, District - East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar, Adv For the Opposite Party/s : Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 02-04-2025 Heard learned counsel for the petitioner and the State. 2. Petitioner apprehends his arrest in connection with Muffasil P.S. Case No. 493 of 2024 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. 3. From perusal of the first information report as also the seizure list, it would appear that 19.9 liters of country made liquor was recovered from the thatched hut. It is stated by the local chaukidar that the petitioner is the person, who fled away from the place of occurrence. 4. learned counsel for the petitioner submits that no recovery has been made from conscious possession of the petitioner. He further submits that recovery has been made from the hut which is open and accessible to lot of people. The petitioner is not the owner of the seized vehicle and the name of Patna High Court CR. MISC. No.13188 of 2025(2) dt.02-04-2025 2/2 the petitioner was disclosed by the local people and the chaukidar. It has also been submitted that there is no independent witness to the seizure. 5. Learned APP for the state submits that petitioner has one criminal antecedent of the same nature, However, in response it is stated that the petitioner is on bail. 6. Considering the facts and circumstances, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of his arrest/ surrender within a period of four weeks from today the petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Motihari, East Champaran in Muffasil P.S. Case No. 493 of 2024, subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition that (i) the petitioner shall co- operate in investigation/ trial. (ii) the learned court below shall verify the criminal antecedent of the petitioner before releasing him on bail. N.K/- (Soni Shrivastava, J) U T