IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34826 of 2025 Arising Out of PS. Case No.-156 Year-2025 Thana- SARAIYA District- Muzaffarpur ====================================================== Rahul Paswan @ Rahul kumar son of Sunil Paswan @ Gunin Paswan village- Barauli, Ps- Saraiya, dist- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Saurav Anand For the Opposite Party/s : Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 22-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Saraiya P.S. Case No. 156 of 2025 registered for the offences punishable under Sections 274, 275, 3(5) of BNS and Section 30(a), 32(2), 32(3), 36, 41(1) and 41(2) of Bihar Prohibition and Excise Act, 2022. 3. As per prosecution case, informant got secret information that petitioner and other had hidden the illicit liquor at the land of Pyaare Babu. On receipt of such information, informant along with police official reached at the place of occurrence and it is alleged that from the house of co-accused Bodha Paswan, 15 litre country made liquor Patna High Court CR. MISC. No.34826 of 2025(2) dt.22-05-2025 2/3 was recovered. It is further alleged that from the land of Pyaar Babu, 60 litre country made liquor was recovered. It is further alleged that 3.780 litre was recovered from Maruti Dzire Car in question. 4. Learned counsel for the petitioner submits name of the petitioner transpired in the case on the basis of secret information but source of secret information has not been divulged in the FIR which questions the authenticity of the prosecution story. Learned counsel submits through para 12 of the bail petition that petitioner is neither owner nor driver of the vehicle in question. Nothing has been recovered from the conscious possession or the house of the petitioner. He further submits that petitioner is not found at the place of occurrence. Petitioner has no concern with the alleged recovered liquor. Petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Apart from that, petitioner bears no criminal antecedent. In the light of aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act. Patna High Court CR. MISC. No.34826 of 2025(2) dt.22-05-2025 3/3 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, keeping in view clean antecedent of the petitioner, 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 amount each to the satisfaction of learned Special Judge, Excise Court No.II, Muzaffarpur in connection with Saraiya P.S. Case No. 156 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S. vashudha/- (Alok Kumar Pandey, J) U T