IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34768 of 2025 Arising Out of PS. Case No.-47 Year-2025 Thana- Dhrampura District- Rohtas ====================================================== Manu Paswan @ Manu Kumar S/O Lalan Paswan Resident of Village- Dudhar, Police Station- Dharampura, District- Rohtas at Sasaram ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Raghunandan Kumar Singh For the Opposite Party/s : Mr.Asha Devi ====================================================== 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 Dharampura P.S. Case No. 47 of 2025 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act,2018. 3. As per prosecution case, 12.24 litre foreign liquor was recovered from the sack which was hidden behind the bushes and local chowkidar disclosed the name of petitioner who fled away from the place of occurrence. 4. Learned counsel for the petitioner submits that place of recovery is an open place which is accessible to all and petitioner cannot be held liable for the same. Patna High Court CR. MISC. No.34768 of 2025(2) dt.22-05-2025 2/3 Except disclosure of chowkidar, there is nothing on record to connect the petitioner with the alleged occurrence. Petitioner is not found at the place of occurrence. Petitioner has no concern with the alleged recovered liquor. He further submits that seizure list has not been prepared as per law. Petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Apart from that, petitioner bears no criminal antecedent. Nothing has been recovered from the conscious possession of the petitioner. 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 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 his arrest or surrender before the learned trial court within a period of Patna High Court CR. MISC. No.34768 of 2025(2) dt.22-05-2025 3/3 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 Exclusive Special Judge, Excise Court No.2, Rohtas at Sasaram in connection with Dharampura P.S. Case No. 47 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