IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19136 of 2025 Arising Out of PS. Case No.-163 Year-2024 Thana- SARAI RANJAN District- Samastipur ====================================================== Mithu Paswan S/O Dhaneshwar Paswan R/O Village- Kankalipur, Ward No.- 10, P.S- Sarai Ranjan, Distt.- Samastipur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anish Kumar For the Opposite Party/s : Mr. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 11-04-2025 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 Sarai Ranjan Police Station Case No. 163 of 2024, dated 24.11.2024, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 3. The prosecution case, as per the First Information Report, is that the police, on secret information that the petitioner and his brother has kept illicit liquor in the straw house (bhuskar), raided the place of occurrence and on seeing the police, two persons fled away, who were identified by the chowkidar. On search, the police recovered 70.185 litres of illicit liquor from the straw house (bhuskar) of the petitioner. 4. Learned Counsel for the petitioner submits that the Patna High Court CR. MISC. No.19136 of 2025(2) dt.11-04-2025 2/3 petitioner is innocent and has falsely been implicated in this case on the disclosure of his name by the chowkidar. He further submits that the petitioner has got no concern with the illicit liquor recovered inasmuch as the illicit liquor has been recovered from the straw house of the petitioner, which is situated outside their house and is an open space. 5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the name of the petitioner transpired in this case by the chowkidar, illicit liquor has not been recovered from the conscious possession and/or inside the house of the petitioner, rather, the illicit liquor has been recovered from the straw house (bhuskar), which is situated outside their house and is an open space, accessible to all and sundry, I am inclined to grant the petitioner privilege of anticipatory bail. 6. This application is, accordingly, allowed. 7. 6. This application is, accordingly, allowed. 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 learned Exclusive Special Excise Court No. II, Samastipur, in connection with Sarai Ranjan Police Station Case Patna High Court CR. MISC. No.19136 of 2025(2) dt.11-04-2025 3/3 No. 163 of 2024, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. HarshPandey/- (Anil Kumar Sinha, J) U T