IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32359 of 2025 Arising Out of PS. Case No.-20 Year-2025 Thana- VALMIKINAGAR District- West Champaran ====================================================== VIjay Uraon S/O Kaja Uranv Resident of Village- Dhangarahiya, P.S.- Valmikinagar, District- West Champaran. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Niraj Kumar Sharma For the Opposite Party/s : Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 19-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Valmikinagar P.S. Case No. 20 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per prosecution case, altogether 15 litre country made chulai liquor was recovered from the two huts which was situated behind the house of the petitioner. Local chaukidar and local people disclosed the name of petitioner and other who succeeded in fleeing away from the place of occurrence. 4. Learned counsel for the petitioner submits that Patna High Court CR. MISC. No.32359 of 2025(2) dt.19-05-2025 2/3 the place of recovery is an open place which is accessible to all and petitioner cannot be held liable for the alleged recovery. Petitioner was not found at the place of occurrence. Petitioner is innocent and has committed no offence as alleged in the FIR and merely on the basis of suspicion, he has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Seizure list has not been made as per law. Petitioner bears criminal antecedent of one case. Learned counsel orally submits that petitioner is on bail on the said case. 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 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 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 Patna High Court CR. MISC. No.32359 of 2025(2) dt.19-05-2025 3/3 amount each to the satisfaction of learned Special Judge, Excise, Bagaha, West Champaran in connection with Valmikinagar P.S. Case No. 20 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