IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22452 of 2025 Arising Out of PS. Case No.-360 Year-2024 Thana- Daudnagar Excise District- Aurangabad ====================================================== Birendra Paswan S/o- Krishna Ram @ Krishna Paswan Village - Sakalkhori, P. O - Chanda, P. S - Daudnagar, District - Aurangabad ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Ramadhar Shekhar, Adv. Ms.Dharam Shila Kumari, Adv. For the State : Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 01-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Daudnagar Excise P.S. Case No. 360 of 2024 registered for the offences punishable under Sections 30(a) and 32(3) of Bihar Prohibition and Excise (Amendment) Act, 2018. 3. As per prosecution case, informant got secret information that co-accused Raushan Kumar is indulged in selling of illicit liquor from a rental room. On the said information, informant along with other police officials reached at the spot. It is alleged that after seeing the police team one person succeeded in fleeing away. On search, 4 litre country made liquor was recovered from the dickky of Bajaj Platina Patna High Court CR. MISC. No.22452 of 2025(2) dt.01-05-2025 2/3 motorcycle. It is further alleged that 34.200 litre country made liquor and 1.440 litre foreign liquor were recovered from the said rental room. Nearby people disclosed that seized motorcycle belongs to Raushan Kumar, who fled away from the spot. 4. Learned counsel for the petitioner submits that 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 name of petitioner transpired in this case being owner of aforesaid Bajaj Platina motorcycle. He further submits that motorcycle of the petitioner was taken for carrying medicine and later on petitioner came to know that his motorcycle was seized in connection with Excise Act. There is violation of Section 100 of the Cr.P.C. while preparing the seizure list. Petitioner has no concern either with the seized liquor or co- accused Raushan Kumar. Petitioner was not present at the place of occurrence. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act. 5. The learned A.P.P. for the State opposes the prayer Patna High Court CR. MISC. No.22452 of 2025(2) dt.01-05-2025 3/3 for anticipatory bail of the petitioner. 6. Considering the facts and circumstances of the case, keeping in view clean antecedent of 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. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, 2nd, Aurangabad in connection with Daudnagar Excise P.S. Case No. 360 of 2024, subject to the conditions as laid down under Section 482(2) of BNSS. 7. The application stands allowed. shahzad/- (Alok Kumar Pandey, J) U T