IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30044 of 2025 Arising Out of PS. Case No.-58 Year-2025 Thana- DEV District- Aurangabad ====================================================== Mithlesh Bhuiya Son of Sakaldev Rikiyasan Village- Charaiya, PS -Madanpur, District -Aurangabad Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Rupa Kumari, Advocate For the Opposite Party/s : Ms.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 16-05-2025 1. Heard learned Counsel for the petitioner and learned APP for the State. 2. This application, for grant of anticipatory bail, arises out of Dev PS case no. 58 of 2025 dated 08.03.2025, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise Act. 3. The prosecution story, as per the First Information report, is that 45 liters of illicit countrymade wine has been recovered from a motorcycle. It is alleged that apprehended co-accused Manish Kumar has disclosed the name of the petitioner. 4. Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of being the owner of the motorcycle in question but at the time of Patna High Court CR. MISC. No.30044 of 2025(2) dt.16-05-2025 2/2 occurrence, the said motorcycle was being used by co-accused Manish Kumar for his personal work. The petitioner is stated to be having no criminal antecedent. He further submits that the illicit liquor has not been recovered from the conscious possession of the petitioner rather the same has been recovered from near the kanhaiya turning, as would be evident from seizure list. 5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is having no criminal antecedent and motorcycle to the petitioner was borrowed by co-accused Manish Kumar, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6. This application is, accordingly, allowed. 7. Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six 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 District & Additional Sessions Judge-cum-Exclusive Special Judge, Excise court no. 01, Aurangabad, Bihar in connection with Dev PS case no. 58 of 2025, subject to the condition laid down under Section 482 (2) of the Code of Criminal Procedure. rinkee/- (Anil Kumar Sinha, J) U T