IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43358 of 2025 Arising Out of PS. Case No.-149 Year-2025 Thana- MASHRAK District- Saran ====================================================== Pawan Kumar @ Pawan Kumar Mahto Son of Bhageran Mahto R/o Village - Sikti Bhikham, P.S.- Mashrakh, District - Saran at Chapra ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Rabindra Kumar Tiwary For the Opposite Party/s : Mr.Khurshid Anwar ====================================================== 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 Mashrakh P.S. Case No. 149 of 2025 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act. 3. As per prosecution case, 149.580 litre illicit foreign liquor was recovered from the house of the petitioner and 5.250 litre illicit foreign liquor was recovered from the sand kept in front of door of the petitioner. In this way, total 154.830 litre illicit foreign liquor was recovered. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Patna High Court CR. MISC. No.43358 of 2025(2) dt.16-07-2025 2/3 Learned counsel further submits that petitioner bears criminal antecedent of one case in which he is on bail. He further submits that alleged place of recovery is joint family house of the petitioner and petitioner was not found on the place of occurrence and hence, petitioner cannot be held responsible for the alleged recovery. He further submits that due to enmity with local chowkidar, the petitioner has falsely been implicated in this case. No incriminating article has been recovered from conscious possession of the petitioner. Petitioner has no concern with the seized liquor. Search and seizure have not been made as per law. In the light of aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition and Excise Act. 5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that 149.580 litre illicit foreign liquor was recovered from the house of the petitioner and 5.250 litre illicit foreign liquor was recovered from the sand kept in front of door of the petitioner and hence, petitioner cannot escape from the liability of said recovery. 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 Patna High Court CR. MISC. No.43358 of 2025(2) dt.16-07-2025 3/3 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 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Mashrakh P.S. Case No. 149 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S. 7. The application stands allowed. shahzad/- (Alok Kumar Pandey, J) U T