IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48584 of 2025 Arising Out of PS. Case No.-1163 Year-2023 Thana- Excise P.S. District- Muzaffarpur ====================================================== Noman Ahmad Warsi Son of Shmran Ahmad Warsi R/O Vill- Swangurh, P.S.- Katra, Distt.- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Priyesh Kumar, Adv. For the Opposite Party/s : Mr.Renuka Ratnakar (App 125) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 08-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his arrest in a case in connection with Excise P.S. Case No. 1163 of 2023 dated 02.06.2023 for the offences punishable u/s 30(a), 32(3) of the Bihar Prohibition and Excise Act. 3. As per the prosecution case, total 366.125 liters of illicit foreign liquor, empty cartoons, empty tetra packs and other articles were recovered from the godown T.B.C. Cargo Private Limited Company of the co-accused persons. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The apprehended co-accused person disclosed the Patna High Court CR. MISC. No.48584 of 2025(2) dt.08-08-2025 2/3 name of the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. It is further submitted that the said godown was taken on lease by the petitioner but he handed over the said godown to the co- accused, Lokesh Singh, Vinayak Tiwary and Shashi Mishra on rent. The petitioner has no concern with the alleged recovery rather the said recovery has been made from the go-down of the co-accused persons. The co-accused person has been granted anticipatory bail by this court vider order dated 27.02.2024 passed in Cr. Misc. No. 11004/2024. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. Learned counsel has submitted that no case is made out against the petitioner. Learned Counsel has relied on the judgment of Full Bench of Hon'ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089. The Full Bench in the case of Ram Vinay Yadav (supra) has held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76 (2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out. 5. Learned A.P.P. for the State has vehemently Patna High Court CR. MISC. No.48584 of 2025(2) dt.08-08-2025 3/3 opposed the prayer for anticipatory bail of the petitioner by submitting that the bar of Section 76(2) of the Act applies in this case. 6. Considering the aforesaid facts and circumstances of the case as well as the material available on record, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Muzaffarpur in connection with Excise P.S. Case No. 1163 of 2023, subject to conditions as laid down under section 482(2) of the B.N.S.S. 7. The application stands allowed. Gautam/- (Chandra Prakash Singh, J) U T