IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34077 of 2025 Arising Out of PS. Case No.-523 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Manish Kumar S/o Lal Bihari Ram R/o Village- Belawa Rai Tola Nariyarw, P.S.- Turkauliya, District- East Champaran ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar NO.III, Adv. For the State : Mr.Parmanand Prasad, 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. The petitioner is apprehending his arrest in connection with Turkauliya P.S. Case No. 523 of 2024 registered for the offence punishable under Section 30(a) and 41(1) of Bihar Prohibition and Excise Amendment Act. 3. As per prosecution case, 20 litre illicit country made liquor was recovered from the motorcycle in question and Mahal chowkidar disclosed the name of petitioner who fled away from the spot. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Patna High Court CR. MISC. No.34077 of 2025(2) dt.22-05-2025 2/3 Petitioner bears no criminal antecedent. He further submits that petitioner is not owner of the seized motorcycle in question. No incriminating article has been recovered from conscious possession of the petitioner. Petitioner was not found on the place of occurrence. He further submits that due to inimical term with Mahal chowkidar, name of the petitioner has been falsely implicated in this case. Petitioner has no concern with the seized liquor. In the light of aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition and Excise Act. 5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 6. Considering the facts and circumstances of the case, keeping in view clean antecedent of the 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 his 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) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Patna High Court CR. MISC. No.34077 of 2025(2) dt.22-05-2025 3/3 Court No. 1, East Champaran, Motihari in connection with Turkauliya P.S. Case No. 523 of 2024, subject to the conditions as laid down under Section 482(2) of B.N.S.S. 7. The application stands allowed. shahzad/- (Alok Kumar Pandey, J) U T