IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34905 of 2025 Arising Out of PS. Case No.-444 Year-2023 Thana- KOTWA District- East Champaran ====================================================== Vikash Mahto @ Bikash Mahto Son of Vishwanath Mahto Resident of Village - Kotwa Dih, Police Station - Kotwa, District - East Champaran at Motihari. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shashank Shekhar, Adv. For the Opposite Party/s : Mr.Ram Bilash Roy Raman, 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 Kotwa P.S. Case No. 444 of 2023 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. 3. As per prosecution case, there is alleged recovery of 4 liters illicit liquor from bushes behind the Petrol Pump of Virendra Singh. 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 in the first information report and he has been falsely implicated Patna High Court CR. MISC. No.34905 of 2025(2) dt.22-05-2025 2/3 in this case. 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. Except disclosure of local chowkidar, there is nothing on record to connect the present petitioner with the alleged occurrence. Petitioner was not found at the place of occurrence. No incriminating article has been recovered from possession of the petitioner. 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 Special Judge, Excise Court No. 1, East Champaran, Motihari Patna High Court CR. MISC. No.34905 of 2025(2) dt.22-05-2025 3/3 in connection with Kotwa P.S. Case No. 444 of 2023, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. 7. The application stands allowed. mcverma/- (Alok Kumar Pandey, J) U T