IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14671 of 2025 Arising Out of PS. Case No.-808 Year-2024 Thana- MAHUA District- Vaishali ====================================================== Umesh Rai Son of Asharfi Rai village- Bhagwatpur Taraura, Ps- Mahua, Dist- Vaishali ... ... Petitioner/s Versus The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Priyesh Kumar For the Opposite Party/s : Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 3 15-05-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 32(1) and 41(1) of the Bihar Prohibition and Excise Act, 2016. 3. As per the prosecution case, there is a total recovery of 4204.725 litres of Indian Made Foreign Liquor (IMFL) from a Tata Truck, which was intercepted upon a confidential information and the said truck was parked in the lane 4. Learned counsel for the petitioner submits that he is neither the owner nor the driver of the said truck and his name has transpired on the basis of secret information and disclosure Patna High Court CR. MISC. No.14671 of 2025(3) dt.15-05-2025 2/3 made by local chaukidaar. He has been made accused on account of similar antecedent in the same Police Station. No recovery has been made from the physical and conscious possession of the petitioner. There is no independent witness to the seizure list, thereby violating the mandatory provisions of search and seizure. 5. Learned APP for the State opposes the prayer for anticipatory bail application on the ground that there are two criminal antecedent of the same nature, in response to which learned counsel for the petitioner submits that he is on bail in all the said cases. 6. Considering the above facts and circumstances, 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 learned Exclusive Special Prohibition and Excise Court No.2- cum-Additional District and Sessions Judge, Vaishali at Hajipur, in connection with Mahua P.S. Case No.808 of 2024, subject 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 and subject to the further condition that:- Patna High Court CR. MISC. No.14671 of 2025(3) dt.15-05-2025 3/3 (i) one of the bailors shall be the family member/close relative of the petitioner. (ii) the learned Court would, however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. sharun/- (Soni Shrivastava, J) U T