IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56693 of 2025 Arising Out of PS. Case No.-321 Year-2025 Thana- BIHTA District- Patna ====================================================== Rajesh Kumar Son of Late Baban Ram Village- Bachari, Ps- Piro, Dist- Bhojpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s : Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 3 15-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in connection with Bihta P.S. Case No. 321 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act. 3. As per the prosecution case, 300 liters of country made liquor was recovered from the tempoo of the petitioner. 4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to being the owner of the tempoo in question. He further submits that the said tempoo was given to the driver on contract basis for carrying the passengers not for the illegal use but the driver misused the vehicle. He further submits that the petitioner was neither present at the spot nor any incriminating Patna High Court CR. MISC. No.56693 of 2025(3) dt.15-09-2025 2/2 article has been recovered from the conscious or constructive possession of the petitioner. He further submits that the petitioner has no concern with the seized liquor. He submits that the petitioner has got no criminal antecedent and he undertakes to cooperate in the investigation and trial. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail. 6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge Excise Court, Danapur in connection with Bihta P.S. Case No. 321 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. AjayMishra/- (Sunil Dutta Mishra, J) U T