IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14026 of 2025 Arising Out of PS. Case No.-379 Year-2022 Thana- DUMRA District- Sitamarhi ====================================================== Kunal Mahto @ Kunal Kumar Son of Ram Pravesh Mahto Resident of Village - Prem Nagar, P.S. - Runnisaidpur, District - Sitamarhi ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Santosh Kumar For the Opposite Party/s : Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 3 29-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Dumra P.S. Case No. 379 of 2022 registered for the offence punishable under Section 414 of the IPC and 30(a) of Bihar Prohibition and Excise Act, 2018. 3. As per prosecution case, there is alleged recovery of 396 litre illicit foreign liquor from Tata Zest Car, 9 litre illicit foreign liquor from Hero Passion Pro motorcycle and 591 litre illicit foreign liquor in front of orchard of Lakhan Sah which was situated near Sira Chowk and co-accused Amit Kumar apprehended on the spot, who disclosed that alleged liquor has been brought at the behest of petitioner and others. 4. Learned counsel for the petitioner submits that Patna High Court CR. MISC. No.14026 of 2025(3) dt.29-05-2025 2/3 petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent. He further submits that said Tata Zest car and Hero Passion Pro motorcycle do not belong to the petitioner. Except disclosure of apprehended co- accused, there is nothing on record to connect the present petitioner with the alleged occurrence. No incriminating article has been recovered from conscious possession of the petitioner. Petitioner was not found on the place of occurrence. Petitioner has no concern with the seized liquor. In the light of aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition and Excise Act. 5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 6. Considering the facts and circumstances of the case, keeping in view clean antecedent of the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. Patna High Court CR. MISC. No.14026 of 2025(3) dt.29-05-2025 3/3 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Exclusive Special Excise Court-1, Sitamarhi in connection with Dumra P.S. Case No. 379 of 2022, subject to the conditions as laid down under Section 438(2) of Cr.P.C. 7. The application stands allowed. shahzad/- (Alok Kumar Pandey, J) U T