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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33407 of 2025 Arising Out of PS. Case No.-16 Year-2025 Thana- BALIGAON District- Vaishali ====================================================== Satyam Kumar S/o Harindra Rai R/o Vill- Champapur @ Champapur Agrail, P.S.- Baligaon, Distt- Vaishali ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vasant Vikas For the Opposite Party/s : Mr. Raj Ballabh Singh ======================================================
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 Baligaon P.S. Case No. 16 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 235.800 litre illicit liquor was recovered from chaff (bhuskar) which was adjacent to the house of co-accused Golu Kumar. Local people disclosed that petitioner and other are involved in the business of illicit liquor.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case.
Patna High Court CR. MISC. No.33407 of 2025(2) dt.22-05-2025 2/3 Petitioner was not found at the place of occurrence. No incriminating article has been recovered from his conscious possession. He further submits that the alleged recovery has been made from the chaff (bhuskar) which was adjacent to the house of co-accused Golu Kumar. Petitioner has nothing to do with the alleged occurrence. Petitioner bears no criminal antecedent. 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, keeping in view clean antecedent of 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 Exclusive Special Excise Court No. 1 cum Additional District and Sessions Judge, Vaishali at Hajipur in connection with Baligaon P.S. Case No.
Patna High Court CR. MISC. No.33407 of 2025(2) dt.22-05-2025 3/3 16 of 2025, subject to the conditions as laid down under Section Section 482 (2)of BNSS.
7. The application stands allowed.
alok/- (Alok Kumar Pandey, J) U T