IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34902 of 2025 Arising Out of PS. Case No.-75 Year-2025 Thana- NEMDARGANJ District- Nawada ====================================================== Deepak Kumar @ Deepak Chaudhary S/o Late Brahamdeo Chaudhary Resident of Village- Sanokhra, P.S.- Nemdarganj, District- Nawada, ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Man Mohan Kumar, Adv. For the Opposite Party/s : Mr.Shyameshwar Dayal, APP ====================================================== 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. Petitioner is apprehending arrest in connection with Nemdarbganj P.S. Case No. 75 of 2025 registered for the offences punishable under Sections 30(a)(d)/41 of the Bihar Prohibition and Excise Act, 2016. 3. As per prosecution case, there is alleged recovery of 110 liters of illicit Mahua liquor from the river situated in east of village Sanokhara. 800 liters of Mahua Jagerry solutiion was destroyed at the spot. The local chowkidar disclosed the name of the petitioner who is 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 Patna High Court CR. MISC. No.34902 of 2025(2) dt.22-05-2025 2/3 in the first information report and he has been falsely implicated in this case. Except disclosure of the chowkidar, there is nothing on record to connect the present petitioner with the alleged occurrence. The place from where the alleged recovery has been made is an open place which is accessible to all and petitioner cannot be held liable for the alleged recovery. Petitioner was not found at the place of occurrence. There is no compliance of section 103 of B.N.S.S. Seizure list has not been made as per law. It is further submitted that seizure list was prepared prior to the institution of the F.I.R. which questions the authenticity of the F.I.R. No incriminating article has been recovered from possession of the petitioner. Petitioner bears criminal antecedent of two cases in which he is already on bail. 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, 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 Patna High Court CR. MISC. No.34902 of 2025(2) dt.22-05-2025 3/3 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. I, Nawada in connection with Nemdarganj P.S. Case No. 75 of 2025, subject to the conditions as laid down under section 482(2) of the Code of Criminal Procedure. 7. The application stands allowed. mcverma/- (Alok Kumar Pandey, J) U T