IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43297 of 2025 Arising Out of PS. Case No.-79 Year-2025 Thana- Excise P.S. District- Samastipur ====================================================== Vijay Raj @ Vijay Kumar Raj S/o Raj Mahendra Singh R/o Village- Kariyan, P.S.- Rosra, District- Samastipur Charo Ward No.1, P.S.- Warishnagar, District- Samastipur ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ambrish Kumar Jha For the Opposite Party/s : Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 16-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Excise Sadar P.S. Case No. 79 of 2025 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018. 3. As per prosecution case, 20.790 litre illicit liquor was recovered from the house of co-accused Kajal Devi and she was apprehended on the spot. Apprehended co-accused disclosed that illicit foreign liquor is brought by the petitioner in the house. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged Patna High Court CR. MISC. No.43297 of 2025(2) dt.16-07-2025 2/3 in the FIR. Petitioner was not found at the place of occurrence. He further submits that petitioner being the husband of the co- accused Kajal Devi has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Seizure list has not been made as per the law. 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. Petitioner bears criminal antecedent of three cases in which he is on bail. He further submits that petitioner has been roped in a case one after another in a routine manner without any basis. 5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner by submitting that 20.790 litre illicit liquor was recovered from the house of co- accused Kajal Devi and petitioner being husband of the said co- accused, he cannot escape from the liability of alleged recovery. Hence, he does not deserve bail. 6. Considering the facts and circumstances of the case, 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 Patna High Court CR. MISC. No.43297 of 2025(2) dt.16-07-2025 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) with two sureties of the like amount each to the satisfaction of learned Special Excise Court – II, Samastipur in connection with Excise Sadar P.S. Case No. 79 of 2025, subject to the conditions as laid down under Section 482 (2)of BNSS. 7. The application stands allowed. alok/- (Alok Kumar Pandey, J) U T