IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25085 of 2025 Arising Out of PS. Case No.-43 Year-2025 Thana- MEHSI District- East Champaran ====================================================== Vikash Kumar Mishra Son of Shivji Mishra Resident of Vill.- Bishambharpur, P.O.- Mehsi, P.S.- Jai Bajrang, Dist.- East Champaran, Bihar - 845426. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhananjay Kumar, Advocate For the Opposite Party/s : Mr. Dinesh Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 3 26-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Mehsi P.S. Case No. 43 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 3. As per prosecution case, 108 litre illicit liquor was recovered from Bolero Pick-Up Van in question and 3425.400 litre illicit liquor was also recovered from truck in question. Local chaukidar disclosed the name of the petitioner and others who succeeded in fleeing away from the place of occurrence. 4. Learned counsel for the petitioner submits that except disclosure of the local chaukidar who is not part of the Patna High Court CR. MISC. No.25085 of 2025(3) dt.26-05-2025 2/3 raiding team, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. Learned counsel submits through paragraph 10 of the instant bail petition that petitioner is neither driver nor owner of any of the seized vehicles in question. Petitioner was not found at the place of occurrence. He is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears criminal antecedent of one case in which he is on bail. No incriminating article has been recovered from the conscious possession of the petitioner. 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. He further submits that on similar and identical allegation co-accused Naresh Rai has already been granted anticipatory bail by this Court vide Cr. Misc. No. 32411 of 2025. Hence, petitioner also deserves bail. 5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 6. Considering the facts and circumstances of the case, co-accused has already been granted anticipatory bail by this Court, argument advanced on behalf of both sides and also taking into consideration the material available on record, the Patna High Court CR. MISC. No.25085 of 2025(3) dt.26-05-2025 3/3 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 Exclusive Special Excise Court No. 3, East Champaran, Motihari in connection with Mehsi P.S. Case No. 43 of 2025, subject to the conditions as laid down under Section 482 (2)of BNSS. 7. The application stands allowed. alok/- (Alok Kumar Pandey, J) U T