IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43275 of 2025 Arising Out of PS. Case No.-75 Year-2025 Thana- BOCHAHAN District- Muzaffarpur ====================================================== 1. Chunnu Paswan @ Chunnu Kumar Paswan S/O Amarnath Paswan @ Ambar Paswan R/O Village- Karnpur Tola Kakaarchak, P.S- Bochaha, Distt.- Muzaffarpur. 2. Chandan Kumar S/O Baleshwar Ram R/O Village- Karnpur Tola Kakaarchak, P.S- Bochaha, Distt.- Muzaffarpur. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar For the Opposite Party/s : Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 16-07-2025 Learned counsel for the petitioners is permitted to make necessary correction in paragraph 7 of the instant petition filed on behalf of the petitioners, during the course of the day. 2. Heard learned counsel for the petitioners and learned A.P.P. for the State. 3. The petitioners are apprehending their arrest in connection with Bochaha P.S. Case No. 75 of 2025 registered for the offences punishable under Sections 30(a), 32, 36, 41(1) of the Bihar Prohibition and Excise Act (Amended), 2018. 4. As per prosecution case, altogether 695.955 litre illicit liquor was recovered from three places out of which 470.955 litre illicit liquor was recovered from the house of petitioner no. 1, 135 litre illicit liquor was recovered from the house of petitioner Patna High Court CR. MISC. No.43275 of 2025(2) dt.16-07-2025 2/3 no. 2 and 90 litre illicit liquor was recovered from the Intra Tata Magic vehicle in question. 5. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. He further submits that the house from where the alleged recovery of 135 litre illicit has been made, belongs to co-accused Uma Paswan and it has been wrongly shown by the informant that the said house from where the illicit liquor has been recovered belongs to the petitioner no. 2. In this way, petitioner no. 2 is not in any way connected with the said place of recovery. He further submits that the place of recovery from where 470.955 litre illicit liquor has been recovered, does not belong to the petitioner no. 1 as the alleged place of recovery is joint house property. In this way, petitioner no. 1 cannot be held liable for the said recovery of illicit liquor. Learned counsel submits through paragraph 12 of the instant petition that petitioners are neither owner nor driver of the seized Intra Tata Magic vehicle in question. 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. Petitioners bear no criminal antecedent. 6. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioners and submitted Patna High Court CR. MISC. No.43275 of 2025(2) dt.16-07-2025 3/3 that 470.955 litre illicit liquor was recovered from the house of petitioner no. 1 and 135 litre illicit liquor was recovered from the house of petitioner no. 2 and on the said account petitioners cannot escape from the liability of the alleged recovery. Hence, they do not deserve bail. 7. 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 petitioners above-named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. III, Muzaffarpur in connection with Bochaha P.S. Case No. 75 of 2025, subject to the conditions as laid down under Section 482 (2) of BNSS. 8. The application stands allowed. alok/- (Alok Kumar Pandey, J) U T