IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42707 of 2025 Arising Out of PS. Case No.-93 Year-2025 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Arun Rai S/o Late Rajendra Rai @ Bhotur Rai R/o Village- Santpur, P.S.- Muffasil, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Aditya Kumar Pandey For the Opposite Party/s : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 2 14-07-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending his arrest in connection with Muffasil P.S. Case No. 93 of 2025 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per the allegation, recovery of 12 litres of country made liquor has been made, which is the subject matter of the present case. 4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case by the local police on the instance of his enemies. From F.I.R. itself, it is apparent that the petitioner was neither Patna High Court CR. MISC. No.42707 of 2025(2) dt.14-07-2025 2/3 apprehended on spot nor anything was recovered from his conscious possession hence, no offence under Section 30(a) of the Bihar Prohibition and Excise Act is made out against the petitioner. Petitioner has no concern with the seized liqour or place of occurrence. Learned counsel further submits that during the investigation none has claimed to see the petitioner at the place of occurrence except Chaukidar. Petitioner has got clean antecedent. 5. Learned APP opposes the prayer for bail. 6. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail. 7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Special Judge, Excise Court No. 1, East Champaran, Motihari, in connection with Muffasil P.S. Case No. 93 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) One of the bailors should be close relative of the petitioner. Patna High Court CR. MISC. No.42707 of 2025(2) dt.14-07-2025 3/3 (ii) if the petitioner tampers with the evidence or threatens the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. (iii) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail bonds may be cancelled by the learned trial Court. Ankit Kumar/- (S. B. Pd. Singh, J) U T