IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35955 of 2025 Arising Out of PS. Case No.-36 Year-2025 Thana- GAUTAMBUDHNAGAR District- Siwan ====================================================== Prakash Mahto @ Prakash Kumar @ Bauka S/o Upendra Mahto R/o Village- Rauza Gaur, P.S.- G.B.Nagar, District- Siwan ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bijay Prakash Singh, Adv. For the Opposite Party/s : Ms.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 18-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. Petitioner is apprehending arrest in connection with G.B. Nagar P.S. Case No. 36 of 2025 registered for the offences punishable under Sections 30(a), 34 of the Bihar Prohibition and Excise (Amendment) Act, 2022. 3. As per prosecution case, there is alleged recovery of 145 liters illicit country made Mahua liquor from the Chhath Ghat (bank of river) in village Gaur Rouza . The local chowkidar disclosed the name of the petitioner and others who are said to have fled away from the place of occurrence. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the first information report. Petitioner has been falsely Patna High Court CR. MISC. No.35955 of 2025(2) dt.18-06-2025 2/3 implicated in this case due to local rivalry at village level. He further submits that except disclosure of the chowkidar, there is nothing on record to connect the present petitioner with the alleged occurrence. No incriminating article has been recovered from possession of the petitioner. Petitioner was not found at the place of 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 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 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 arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Exclusive Special, Excise Court No. 1, Siwan in connection with G.B. Nagar P.S. Case No. 36 of 2025, subject to the conditions as laid down under section 482(2) of the Code of Patna High Court CR. MISC. No.35955 of 2025(2) dt.18-06-2025 3/3 Criminal Procedure. 7. The application stands allowed. mcverma/- (Alok Kumar Pandey, J) U T