IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17203 of 2025 Arising Out of PS. Case No.-342 Year-2024 Thana- DURAULI District- Siwan ====================================================== Akash Sah @ Akash Kumar Sah Son of Hira Lal Sah Resident of Village - Parmanandpur, P.S. - Darauli, District - Siwan. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Kumari Anupam, Advocate For the Opposite Party/s : Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 08-04-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act. 3. As per the prosecution case, 100 litres of chulai liquor has been recovered from the palani of the petitioner. 4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case on the basis of confessional statement of the co-accused person. He further submits that petitioner was not arrested from the spot and nothing has been recovered from his conscious possession either. He lastly Patna High Court CR. MISC. No.17203 of 2025(2) dt.08-04-2025 2/2 submits that recovery has been made from the palani which is an open space. 5. Learned APP for the State has opposed the bail petition. 6. Considering the aforesaid facts and circumstances of the case and the facts that petitioner has clean antecedent and nothing has been recovered from the conscious possession of the petitioner, rather recovery has been made from palani which is an open space, let the petitioner, above-named, in the event of his arrest / surrender before the learned trial Court within a period of eight weeks from today, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-I, Siwan, in connection with Darauli P.S. Case No. 342 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the BNSS, 2023. Shahnawaz/- (Prabhat Kumar Singh, J) U T