IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34810 of 2025 Arising Out of PS. Case No.-97 Year-2025 Thana- RAXAUL District- East Champaran ====================================================== 1. Brij Kishore Kumar @ Marwari Patel son of Late Mahant Patel vill -Chainpur P.S. -Raxual Dist -East Champaran 2. Mira Patel @ Hari Kishore Patel Son of Late Mahant patel village- chainpur, ps- Raxaul, Dist- East Champaran ... ... Petitioner/s Versus The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dhannjay Kumar Ii For the Opposite Party/s : Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 22-05-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners are apprehending their arrest in connection with Raxual P.S. Case No. 97 of 2025 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016. 3. As per prosecution case, there was alleged recovery of 80 litre country made liquor from the rabi crop field and local people and chowkidar disclosed the name of petitioners and other who fled away from the place of occurrence. 4. Learned counsel for the petitioners submits Patna High Court CR. MISC. No.34810 of 2025(2) dt.22-05-2025 2/3 that petitioners are not found at the place of occurrence. The place of recovery is an open place which is accessible to all and petitioners cannot be held liable for the same. Except disclosure of local people and chowkidar, there is nothing on record to connect the petitioners with the alleged occurrence. Rabi crop field does not belong to the petitioners. Petitioners have no concern with the alleged recovered liquor. Learned counsel further submits that petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. Apart from that, petitioners bears no criminal antecedent. Nothing has been recovered from the conscious possession of the petitioners. 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. 5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioners. 6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioners, argument advanced on behalf of both sides and also taking Patna High Court CR. MISC. No.34810 of 2025(2) dt.22-05-2025 3/3 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 Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Excise Court No.3, East Champaran at Motihari in connection with Raxaul P.S. Case No. 97 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