IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29845 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- KARPURIGRAM District- Samastipur ====================================================== Nitish Kumar @ Nibba @ Nibha S/O Bhagwat Singh R/O Village- Baghi, Police Station - Karpurigram, Disctrict- Samastipur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mahendra Pratap, Adv. For the Opposite Party/s : Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 14-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending arrest in connection with Karpurigram P.S. Case No. 31 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. 3. As per prosecution case, there is alleged recovery of 623.520 liters illicit liquor from the maize and cauliflower field near the house of Dr. Umesh Singh, ward No. 4, village- Baghi. The local chowkidar disclosed the name of the present petitioner who is said to have fled away from the place of occurrence. 4. Learned counsel for the petitioner submits that Patna High Court CR. MISC. No.29845 of 2025(2) dt.14-05-2025 2/3 petitioner is innocent and has committed no offence as alleged in the first information report and he has been falsely implicated in this case. He further submits that except disclosure of the chowkidar, there is nothing on record to connect the present petitioner with the alleged occurrence. The place from where the alleged recovery has been made is an open place and accessible to all and petitioner cannot be held liable for the alleged recovery. No incriminating article has been recovered from possession of the petitioner. Petitioner bears criminal antecedent of two cases. Learned counsel orally submits that petitioner is already on bail in those cases. 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 vehemently opposes the prayer for anticipatory bail of the petitioner. 6. Considering the facts and circumstances of the case, 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 arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- Patna High Court CR. MISC. No.29845 of 2025(2) dt.14-05-2025 3/3 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Special Judge Excise 1, Samastipur in connection with Karpurigram P.S. Case No. 31 of 2025, subject to the conditions as laid down under section 482(2) of the Code of Criminal Procedure. 7. The application stands allowed. mcverma/- (Alok Kumar Pandey, J) U T