IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52422 of 2025 Arising Out of PS. Case No.-44 Year-2025 Thana- GADHA District- Sitamarhi ====================================================== Shivam Kumar S/o Rakesh Rai R/o Village - Kaudiya ward no. 6 @ Kauriya @ Kaudiya, P.S. - Gadha @ Garha, District - Sitamarhi ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Santosh Kumar, Advocate For the Opposite Party/s : Ms.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 2 12-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. Petitioner apprehends his arrest in connection with Garha P.S. Case No. 44 of 2025 registered for the offences under Section 30(a) of Bihar Prohibition and Excise Act. 3. As per the prosecution case, the police during patrolling received secret information that Prem Shankar Yadav and Shivam Kumar (petitioner) are serving liquor in the village. A raid was conducted and 3.6 liters of foreign liquor was recovered from the co-accused Prem Shankar Yadav, and thereafter from the hut of the petitioner, 55.8 liters of illicit foreign liquor was recovered. The petitioner is said to have fled away. 4. Learned counsel for the petitioner submits that the Patna High Court CR. MISC. No.52422 of 2025(2) dt.12-08-2025 2/3 petitioner is innocent and has falsely been implicated in the instant case. Further submission is that the said recovery has been made from the thatched house of the petitioner and not from the conscious possession of the petitioner. It is lastly submitted that petitioner has one criminal antecedent of similar nature and in which he is on bail. 5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail. 6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.20,000/-(twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Garha P.S. Case No. 44 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative. Patna High Court CR. MISC. No.52422 of 2025(2) dt.12-08-2025 3/3 (ii) The petitioner shall remain physically present in Court on each date of the trial. (iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond. (v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. 7. Accordingly, the prayer for bail is allowed. tusharika/- (Sourendra Pandey, J) U T