IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65329 of 2025 Arising Out of PS. Case No.-103 Year-2025 Thana- BARSOI District- Katihar ====================================================== Karan Noniya @ Karan Nunian @ Natraj Nwniyan S/o- Bhola Noniya R/o- Naya Tola, Jalkumbhar Ps- Barsoi Dist- Katihar ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajit Kumar Singh For the Opposite Party/s : Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Barsoi P.S. Case No. 103 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 3. As per prosecution case, 25 litre illicit liquor was recovered from plastic bag found at the place of occurrence and local chaukidar disclosed the name of petitioner who fled away from the place of occurrence. 4. Learned counsel for the petitioner submits that except disclosure of local chaukidar, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. He further submits that place of recovery is Patna High Court CR. MISC. No.65329 of 2025(2) dt.24-09-2025 2/3 an open place and, hence, petitioner cannot be held liable for the allege recovery. Petitioner was not found at the place of occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. He further submits that due to inimical term with the local chaukidar, petitioner has falsely been implicated in the present case. Petitioner is innocent and has committed no offence as alleged in the FIR. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act. Petitioner bears no criminal antecedent. 5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 6. Considering the facts and circumstances of the case, keeping in view clean antecedent of 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 Exclusive Special Patna High Court CR. MISC. No.65329 of 2025(2) dt.24-09-2025 3/3 Judge Excise, Court No. II, Katihar in connection with Barsoi P.S. Case No. 103 of 2025, subject to the conditions as laid down under Section 482 (2)of BNSS. 7. The application stands allowed. alok/- (Alok Kumar Pandey, J) U T