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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36070 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- RATWARA District- Madhepura ====================================================== Rinku Singh son of Chalitar Singh Resident of Khapur, Ward no. 10, PS -Ratwara District- Madhepura ... ... Petitioner/s Versus The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar Singh, Advocate For the Opposite Party/s : Mr. Surendra Kumar, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 18-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Ratwara P.S. Case No. 02 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 160.250 litre illicit liquor was recovered from basa of the petitioner. Local people disclosed the name of the petitioner who succeeded in fleeing away from the place of occurrence.
4. Learned counsel for the petitioner submits that the place of recovery is joint house property and petitioner cannot be held liable for the alleged recovery. No incriminating article has been recovered from the conscious possession of the
Patna High Court CR. MISC. No.36070 of 2025(2) dt.18-06-2025 2/3 petitioner. He was not found at the place of occurrence. Petitioner is not in any way connected with the alleged occurrence. Petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. 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 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 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 Additional Sessions Judge VII cum Special Judge Excise II, Madhepura in connection with Ratwara P.S. Case No. 02 of 2025, subject to the conditions as laid down under Section 482 (2)of BNSS.
Patna High Court CR. MISC. No.36070 of 2025(2) dt.18-06-2025 3/3
7. The application stands allowed.
alok/- (Alok Kumar Pandey, J) U T