IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33805 of 2025 Arising Out of PS. Case No.-139 Year-2025 Thana- OBRA District- Aurangabad ====================================================== Md. Taj @ Mohammad Taj @ Taj Miyan S/O Late Janu Miyan R/O Vill.- Obra, P.s.- Obra, Dist.- Aurangabad. ... ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amit Anand, Advocate For the Opposite Party/s : Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 20-05-2025 Heard learned Counsel for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest in connection with Obra P.S. Case No. 139 of 2025 for the offence registered under section 30(a) of the Bihar Prohibition and Excise Act lodged on 17.04.2025 by the informant Sarfaraz Ahmad. 3. As per the prosecution story, the informant alleged that upon information when the police reached near Adri river saw that one person after throwing his bag escaped. There is recovery/seizure of 14.05 liters of country made liquor. During the returning process, another place near Obra Devi Temple was raided and there is recovery/seizure of 27 liters of country made liquor. This led to the FIR. 4. Learned Counsel for the petitioner submits that so Patna High Court CR. MISC. No.33805 of 2025(2) dt.20-05-2025 2/3 far as this case is concerned it relates to seizure of 14.05 liters country made liquor, admittedly, recovery is from near the bank of river but the chaukidar due to enmity implicated him. He has absolutely no concern. 5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that at the time of raid, the petitioner managed to escape though was recognized by the chaukidar. 6. Considering the aforesaid facts and circumstances of the case and submissions of the parties, petitioner has no criminal antecedent, recovery/seizure is from an open place not from his conscious possession, in that background, this Court is inclined to grant him the anticipatory bail with conditions. 7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court-II, Aurangabad in connection with Obra P.S. Case No. 139 of 2025 subject to condition as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family Patna High Court CR. MISC. No.33805 of 2025(2) dt.20-05-2025 3/3 members/relatives of the petitioner, who shall provide official document to show his bona fide; (ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial court itself; (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bond; (v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bond. ajay/- (Rajiv Roy, J) U T