IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15163 of 2025 Arising Out of PS. Case No.-312 Year-2024 Thana- SANGRAMPUR District- East Champaran ====================================================== Upendra Paswan @ Upendra Kumar Paswan son of Shambhu Paswan VILLAGE- RAM CHANDRAPUR PS -NEHANPUR DISTRICT -MUZAFFARPUR ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rahul Singh For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 09-04-2025 1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application for grant of anticipatory bail arises out of Sangrampur Police Station Case No. 312 of 2024, dated 14.11.2024, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as ‘the Act’). 3. The prosecution case, as per the First Information Report, is that the police, on secret information that the petitioner is indulged in selling illicit liquor, reached at the place of occurrence. On seeing the the police, one person started fleeing away and succeeded in it. Upon search, the police recovered 03 liters of country made liquor. Patna High Court CR. MISC. No.15163 of 2025(2) dt.09-04-2025 2/3 4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to oblique motive and village politics. The name of the petitioner has transpired on disclosure by local choukidar. He next submits that illicit liquor has not been been recovered from conscious possession of the petitioner and/or from the premises belonging to him. Rather, illicit liquor has been recovered from near the hut situated in front of the house of Khedan Paswan, who is petitioner’s father-in-law, which is an open space accessible to all and sundry. The petitioner has got no criminal antecedent. 5. Regards being had to the submission made by the parties and taking into consideration the fact that the petitioner is having no criminal antecedent, name of the petitioner has transpired on the basis of disclosure by local choukidar and illicit liquor has not been recovered from the conscious possession of the petitioner, rather, the same has been recovered from open space accessible to all and sundry, I am inclined to grant the petitioner privilege of anticipatory bail. 6. This application is, accordingly, allowed. Patna High Court CR. MISC. No.15163 of 2025(2) dt.09-04-2025 3/3 7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Court I, East Champaran, Motihari, in connection with Sangrampur Police Station Case No. 312 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. ashwani/- (Anil Kumar Sinha, J) U T