IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43884 of 2025 Arising Out of PS. Case No.-179 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== Bipin Kumar S/o Rajendra Rajvanshi R/o Village- Jobkala, P.S-Rajauli, Distt- Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Akhilesh Kumar, Advocate For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending arrest in connection with Excise P.S. Case No. 179 of 2025, dated 14.03.2025, lodged under Sections 30(a), 30 (c) & 45 of the Bihar Prohibition and Excise (Amendment) Act, 2016. 3. As per the prosecution, total recovery of 66 litres of illicit country-made liquor and 12,575 litres of fermented jawa mahua solution was made, which was destroyed on the spot. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that the petitioner’s name has been inserted on the basis of a statement made by the chowkidar, who disclosed his name. He submits that the petitioner has an enmity with the Patna High Court CR. MISC. No.43884 of 2025(2) dt.16-07-2025 2/3 chowkidar. Counsel further submits that in paragraph No. 3 of the bail application, it has been indicated that there is one criminal case pending against the petitioner, however, he specifically clarifies that the present case in which he is seeking bail is Excise P.S. Case No. 179 of 2025, while the case pending against him is Excise P.S. Case No. 180 of 2025. He further submits that prior to the filing of the present case, the petitioner’s criminal antecedents were clean. It is also submitted that, with a view to create a false case, the police have inserted the petitioner’s name in both cases. 5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that if the petitioner is seeking bail in Excise P.S. Case No. 179 of 2025, and his name has been inserted in Excise P.S. Case No. 180 of 2025 after the filing of the present case, it would mean that his criminal antecedents are clean for the purpose of the present case. 6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the Patna High Court CR. MISC. No.43884 of 2025(2) dt.16-07-2025 3/3 satisfaction of Exclusive Special Court, Excise II, Nawada, in connection with Excise P.S. Case No. 179 of 2025 , subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. Aman Kumar/- (Dr. Anshuman, J.) U T