IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65289 of 2025 Arising Out of PS. Case No.-346 Year-2025 Thana- BARUN District- Aurangabad ====================================================== Rohit Kumar S/o Anil Singh R/o Village- Malpur, PS- Barun, Distt- Aurangabad ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashok Singh For the Opposite Party/s : Mr.Navin Kumar Pandey ====================================================== 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 Barun P.S. Case No. 346 of 2025 registered for the offences punishable under Sections 30(A), 30(B), 30(C), 30(D), 33 and 36 of the Bihar Prohibition and Excise Amendment Act, 2022. 3. As per prosecution case, 165 litre illicit liquor and other apparatus was recovered from place of occurrence and local chaukidar disclosed the name of the petitioner and others who fled away from the spot. 4. Learned counsel for the petitioner submits that place of recovery is an open place and, hence, petitioner cannot be held liable for the alleged recovery. He further submits that Patna High Court CR. MISC. No.65289 of 2025(2) dt.24-09-2025 2/3 petitioner is not the owner of the alleged place from where the said recovery has been made. Petitioner was not found at the place of occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel orally submits that petitioner is having enmity with the local chaukidar who has falsely implicated the petitioner in the present case. Petitioner has nothing to do with the alleged recovery. Petitioner is innocent and has committed no offence as alleged in the FIR. There is no compliance of Section 103 of BNSS. 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 criminal antecedent of three cases. 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, 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 Patna High Court CR. MISC. No.65289 of 2025(2) dt.24-09-2025 3/3 amount each to the satisfaction of learned District and Additional Sessions Judge cum Exclusive Special Judge, Excise Court-I, Aurangabad in connection with Barun P.S. Case No. 346 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