IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38944 of 2025 Arising Out of PS. Case No.-716 Year-2020 Thana- SONEPUR District- Saran ====================================================== Niraj kumar @ Patnia @ Pataniya Mitha Wala S/o Late Kashi prasad R/o Village- Bajrangpuri, p.s-Alamganj District-Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Pramod Kumar Yadav, Advocate For the State : Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 25-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State. 2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 467, 468, 471, 420, 272, 273 and 120B of the Indian Penal Code and Sections 30(a), 34, 36, 38 and 40(i) of the Bihar Prohibition and Excise Act. 3. As per prosecution case, on secret information, a raid was conducted on different places and one lota of brown colour chemical, 33 Kg nausadar, packed caps of Mc-donalds and imperial, two packets of Mc-donalds and imperial blue bottles, 325 stickers labels of Mc-donalds, 4 domestic Bharat gas cylinder, 4 domestic cylinder of Indian Gas and sealing machine were seized. Local Chowkidar disclosed the name of Patna High Court CR. MISC. No.38944 of 2025(2) dt.25-07-2025 2/3 this petitioner as one of the person who fled away from the spot. 4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from conscious possession of this petitioner and he has falsely been implicated in this case merely on the basis of disclosure made by Local Chowkidar. The alleged illicit liquor has been recovered from an open place, which is accessible to one and all. Similarly situated co-accused person, namely Pappu Singh, has already been granted the privilege of anticipatory bail by this Hon’ble Court vide order dated 09.07.2025 passed in Cr. Misc. No. 24864 of 2025. Petitioner claims clean antecedents. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner. 6. Considering the nature of accusation, fact that no incriminating article has been recovered from conscious possession of this petitioner, claim based on parity and clean antecedents, the prayer for grant of anticipatory bail to the petitioner is allowed. 7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. Patna High Court CR. MISC. No.38944 of 2025(2) dt.25-07-2025 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Court, Saran at Chapra in connection with Sonepur P.S. Case No. 716 of 2020, subject to condition as laid down under Section 482(2) of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T