IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60406 of 2025 Arising Out of PS. Case No.-64 Year-2024 Thana- VIJAYEPUR District- Gopalganj ====================================================== Talib Siddique @ Talib Sidiki Son of Late Nathuni Miyan R/o Village - Patkhauli, P.S. - Vijaipur and Dist.- Gopalganj. At present R/V - Dhobwal, Mushari Bazar, P.S. - Vijaipur, Dist. - Gopalganj. ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Ranjeet Patel For the Opposite Party/s : Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 22-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Vijaipur P.S. Case No. 64 of 2024 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act. 3. As per prosecution case, 80 litre country made liquor was recovered from the sack kept outside the gas agency and apprehended co-accused Golu Chauhan as well as Mahal chowkidar disclosed the name of petitioner who fled away from the spot. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged Patna High Court CR. MISC. No.60406 of 2025(2) dt.22-09-2025 2/3 in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent. He further submits that except disclosure of apprehended co-accused and Mahal chowkidar, there is nothing on record to connect the present petitioner with the alleged occurrence. No incriminating article has been recovered from possession of the petitioner. Petitioner was not found at the place of occurrence. Petitioner has no concern with the seized liquor. Section 103 of BNSS has not been complied. In the light of aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition and Excise Act. 5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner. 6. Considering the facts and circumstances of the case, keeping in view clean antecedent of the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-IV-CUM Special Patna High Court CR. MISC. No.60406 of 2025(2) dt.22-09-2025 3/3 Excise Court No. II, Gopalganj in connection with Vijaipur P.S. Case No. 64 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 7. The application stands allowed. shahzad/- (Alok Kumar Pandey, J) U T