IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12633 of 2025 Arising Out of PS. Case No.-644 Year-2020 Thana- ALAMGANJ District- Patna ====================================================== Kallu Ram @ Kallu Dome @ Kallu Dom S/O Late Mohan Ram @ Late Baleshwar Ram R/O Mohalla- Mina Bazar, Domkhana, P.S- Alamganj, Distt.- Patna. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravi Nandan, Adv. For the Opposite Party/s : Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 02-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends arrest in connection with Alamganj P.S. Case No. 644 of 2020 dated 21-10-2020 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3.The allegation is of the recovery of 15.8 liters of illicit country-made Mahua liquor from Mina Bazar, Kuraper, and 160.6 liters of illicit country-made Mahua liquor near the Mina Bazar, Domkhana Nala. 4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the petitioner was not arrested Patna High Court CR. MISC. No.12633 of 2025(2) dt.02-04-2025 2/3 at the spot, and no illicit liquor was recovered from his conscious possession. Petitioner’s implication in the instant case is based merely on secret information. Lastly, it is submitted that three criminal cases are pending against the petitioner, two of which are of a similar nature. 5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Alamganj P.S. Case No. 644 of 2020, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court of Excise, Patna City, Patna, subject to condition as laid down under Section 438(2) of the Cr.P.C and further (i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that Patna High Court CR. MISC. No.12633 of 2025(2) dt.02-04-2025 3/3 the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail and (v) that the petitioner will appear before the SHO of concerned PS every fortnightly to mark his attendance till conclusion of the trial. 7. The application stands allowed. shyambihari/- (Khatim Reza, J) U T