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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52747 of 2025 Arising Out of PS. Case No.-45 Year-2025 Thana- RAGHUNATHPUR District- Siwan ======================================================
1. Akhilesh Bin S/o Late Nandji Bin R/o Vill - Gabhirar bin tola, P.S. - Raghunathpur, Dist.- Siwan
2. Natha Bin@ Rajnath Bin Rajgrih Bin R/o Vill - Gabhirar bin tola, P.S. - Raghunathpur, Dist.- Siwan ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raghwendra Pratap Singh, Advocate Ms. Tanya Kumari, Advocate For the Opposite Party/s : Dr. Kumar Uday Pratap, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 2 18-08-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2022. 3. As per the prosecution case, there is recovery of 135 litres of illicit liquor, which was kept in three bags, near the shrubs grown south to Ahbirar Bin Tola Bandh. Allegation against these petitioners is that they fled away from the spot identified by Mahal Chowkidar. 4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this
Patna High Court CR. MISC. No.52747 of 2025(2) dt.18-08-2025 2/2 case merely on suspicion. Further submission is that nothing has been recovered from the conscious possession of the petitioners rather the recovery has been made from an open place which is easily accessible to public. The recovered liquor does not belong to the petitioners. Petitioner no. 1 has got one criminal antecedent and petitioner no. 2 has got no criminal antecedent. Petitioners undertake to cooperate in the investigation and trial. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail. 6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 2, Siwan in connection with Raghunathpur P.S. Case No. 45 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.,
2023.
utkarsh/- (Sunil Dutta Mishra, J) U T