IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68903 of 2025 Arising Out of PS. Case No.-103 Year-2025 Thana- Chhaudahi District- Begusarai ====================================================== Subhash Yadav @ Subhash Kumar son of Chandrashekhar Yadav Resident of Village -Patahi Ward No 01, PS -Chhaurahi District -Begusarai ... ... Petitioner/s Versus The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Saket Kumar For the Opposite Party/s : Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 08-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Chhaurahi P.S. Case No. 103 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per prosecution case, 39.375 litre illicit liquor was recovered from Sugarcane field of Umesh Yadav. Local chaukidar and local people 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 the alleged field of Patna High Court CR. MISC. No.68903 of 2025(2) dt.08-10-2025 2/3 Sugarcane does not belong to the petitioner. He further submits that place of recovery is an open place and petitioner cannot be held liable for the alleged recovery. Petitioner is innocent and has committed no offence as alleged in the FIR. He further submits that petitioner has falsely been implicated in the present case merely on the basis of suspicion. Except suspicion, there is nothing on record to connect the present petitioner with the alleged occurrence. Petitioner was not found at the place of occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. Seizure list has not been made as per law. 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 by submitting that 39.375 litre illicit liquor was recovered from Sugarcane field of Umesh Yadav. He further submits that local chaukidar and local people disclosed the name of petitioner and, hence, petitioner cannot escape from the allegation made in FIR. 6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument Patna High Court CR. MISC. No.68903 of 2025(2) dt.08-10-2025 3/3 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 Excise Judge Ist, Begusarai in connection with Chhaurahi 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