IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32399 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- ISUAPUR District- Saran ====================================================== 1. Guriya Devi @ Chipri D/O Late Multan Nut R/O village - Usarikala, P.S.- Isuapur, District - Saran 2. Kamlesh Manjhi S/O Late Lalbabu Manjhi R/O village - Usarikala, P.S.- Isuapur, District - Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hemant Kumar, Advocate For the Opposite Party/s : Mr. Zainul Abedin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 20-05-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners are apprehending their arrest in connection with Isuapur P.S. Case No. 02 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per prosecution case, 15 litre country made chulai liquor was recovered from the back side of the house of the petitioners. Local chaukidar and local people disclosed the name of petitioners who succeeded in fleeing away from the place of occurrence. 4. Learned counsel for the petitioners orally Patna High Court CR. MISC. No.32399 of 2025(2) dt.20-05-2025 2/3 submits that the place of recovery is behind the house of the petitioners which is not in their exclusive possession and, hence, petitioners cannot be held liable for the alleged recovery. Petitioners were not found at the place of occurrence. No incriminating article has been recovered from their possessions. Petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. Petitioner no. 1 bears no criminal antecedent and petitioner no. 2 bears criminal antecedent of one case in which he is on bail. Seizure list has not been prepared as per law. They have no concern with the alleged liquor. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioners 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 petitioners. 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 petitioners above-named, in the event of their 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 Patna High Court CR. MISC. No.32399 of 2025(2) dt.20-05-2025 3/3 Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned 3rd Exclusive Special Excise Judge, Saran at Chapra in connection with Isuapur P.S. Case No. 02 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