IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.522 of 2025 Arising Out of PS. Case No.-350 Year-2024 Thana- KESARIA District- East Champaran ====================================================== 1. Lattu Rai S/O Yogendra Rai Resident of Village- kadhan, P.S- Kesariya, District- East Champaran. 2. Suresh Rai S/O Late Matuk Rai Resident of Village- kadhan, P.S- Kesariya, District- East Champaran. 3. Ajay Rai S/O Suresh Rai Resident of Village- kadhan, P.S- Kesariya, District- East Champaran. 4. Awadhesh Rai S/O Yogi Rai Resident of Village- kadhan, P.S- Kesariya, District- East Champaran. 5. Rakesh Kumar Yadav S/O Hiralal Rai Resident of Village- kadhan, P.S- Kesariya, District- East Champaran. 6. Rabindra Yadav S/O Jokhan Rai Resident of Village- kadhan, P.S- Kesariya, District- East Champaran. 7. Jitendra Rai S/O Jokhan Rai Resident of Village- kadhan, P.S- Kesariya, District- East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 2276 of 2025 Arising Out of PS. Case No.-350 Year-2024 Thana- KESARIA District- East Champaran ====================================================== Jokhan Rai Son of Late Jugeshwar Rai @ Late Jugesar Ray Resident of Village - Kadhan, P.S. - Kesariya, District - East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 522 of 2025) For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the State : Mr. Nawal Kishore, A.P.P. (In CRIMINAL MISCELLANEOUS No. 2276 of 2025) Patna High Court CR. MISC. No.522 of 2025(2) dt.12-02-2025 2/4 For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the State : Mr. Nawal Kishore, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 12-02-2025 Since both these applications arise out of Kesariya Police Station Case No. 350 of 2024, with the consent of the parties, both these applications are heard together. 2. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. 3. This application, for grant of anticipatory bail, arises out of Kesariya Police Station Case No. 350 of 2024, disclosing offences under Sections 274, 275 of the Bihar Nyaya Sanhita 30(a) of the Bihar Prohibition & Excise Act. 4. The prosecution case, as per the First Information Report, on 19.10.2024, the police got secret information that illicit liquor was kept near the bamboo clump of co-accused namely Jokhan Rai, where eight persons were indulged in manufacturing and sell of illicit liquor. Upon such information, police proceeded towards the place of occurrence and upon seeing the police party, eight persons including Jokhan Rai fled from the place of occurrence. The police recovered 600 litres of mahua liquor and 600 litres of fermented liquor from the place of occurrence. The name of the petitioners have been disclosed by the co-villagers and the Mahal Chaukidar. Patna High Court CR. MISC. No.522 of 2025(2) dt.12-02-2025 3/4 5. Learned Counsel for the petitioners submits that petitioners have falsely been implicated in this case on the basis of secret information and their identification by the co-villager and the Mahal Chaukidar. Petitioners are having no criminal antecedent. The mahua liquor as well as fermented liquor have been recovered from near the bamboo clump which is an open space which is accessible to all and sundry. Petitioners are having no criminal antecedent. 6. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioners are having no criminal antecedent and the liquor/ fermented liquor has been recovered from the open space which is accessible to all and sundry, I am inclined to grant the petitioners privilege of anticipatory bail. 7. This application is, accordingly, allowed. 8. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-3, Motihari, East Champaran in Kesariya Police Station Case No. 350 of 2024, subject to the condition Patna High Court CR. MISC. No.522 of 2025(2) dt.12-02-2025 4/4 laid down under Section 482 (2) of the Bhartiya Nagarik Suraksha Sanhita, 2023. Siwani/- (Anil Kumar Sinha, J) U T