IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35918 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== 1. Bablu Dubey @ Jitendra Dubey @ Jitendra Chaubey S/o Shambhu Dubey Resident of Village- Barharwa, PS- Kundwa Chainpur, Distt.- Motihari 2. Kamod Paswan S/o Late Tilak Paswan Resident of Village- Barharwa, PS- Kundwa Chainpur, Distt.- Motihari 3. Kayum Ansari @ Kaim Ansari S/o Jalaludin Ansari Resident of Village- Barharwa, PS- Kundwa Chainpur, Distt.- Motihari ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sumeet Kr. Singh For the Opposite Party/s : Mr. Lalan Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 18-06-2025 At the very outset, learned counsel for the petitioners submits that petitioner no. 1, Bablu Dubey, has been arrested and, hence, the prayer for anticipatory bail with respect to petitioner no. 1 has become infructuous. 2. Accordingly, the prayer for anticipatory bail of petitioner no. 1 stands dismissed as being infructuous. 3. Heard learned counsel for the petitioners and learned A.P.P. for the State. 4. The petitioners are apprehending their arrest in connection with Kundwa Chainpur P.S. Case No. 57 of 2025 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment ) Act. Patna High Court CR. MISC. No.35918 of 2025(2) dt.18-06-2025 2/3 5. As per prosecution case, co-accused Ajit Paswan was apprehended at the spot and he disclosed the name of petitioners and other who fled away from the place of occurrence. It is alleged that 27 litre illicit liquor was recovered from the jute bag thrown by the petitioner no. 3 Kayum Ansari. It is further alleged that 27 litre illicit liquor was recovered from the jute bag thrown by the petitioner no. 2, Kamod Paswan. It is further alleged that total 205.800 ml illicit liquor was recovered from the place of occurrence. 6. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the FIR. Learned counsel further submits that except disclosure of co-accused, there is nothing on record to connect the petitioner with the alleged occurrence. Petitioners were not found at the place of occurrence. Nothing has been recovered from the conscious possession of the petitioners. Apart from that, petitioners bear no criminal antecedent. In the light of aforesaid facts and circumstances, no offence is made out against the petitioner. 7. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners. 8. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner nos. 2 and 3, namely, Kamod Paswan and Kayum Ansari in the event of their arrest or surrender Patna High Court CR. MISC. No.35918 of 2025(2) dt.18-06-2025 3/3 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) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, East champaran, Motihari in connection with Kundwa chainpur P.S. Case No. 57 of 2025, subject to the conditions as laid down under Section 482 (2) of BNSS. vashudha/- (Alok Kumar Pandey, J) U T