IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1042 of 2025 Arising Out of PS. Case No.-274 Year-2024 Thana- DUMARIAGHAT District- East Champaran ====================================================== Rakesh Kumar Thakur @ Mantu Thakur @ Rakesh Thakur @ Mantu Kumar Thakur son of Late Fulena Thakur Resident of village - Sareya Baduraha tola, Ps- Dumariyaghat, Dist- East champaran ... ... Petitioner/s Versus The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar For the Opposite Party/s : Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 24-02-2025 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Dumariyaghat Police Station Case No. 274 of 2024, dated 10.11.2024, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 3. The prosecution case, as per the First Information Report, is that the police, on secret information that a person was coming on a red-coloured motorcycle along with illicit liquor, started vehicle check and saw a person coming on a red-coloured Hero Splendor motorcycle, who, on seeing the police, succeeded in fleeing away, but was identified by the chowkidar as the petitioner. On search, the police Patna High Court CR. MISC. No.1042 of 2025(2) dt.24-02-2025 2/3 recovered 21.24 litres of illicit liquor from a sack kept on the motorcycle. 4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the disclosure of his name by the chowkidar. He further submits that the illicit liquor has not been recovered from the conscious possession and/or vehicle belonging to the petitioner inasmuch as the petitioner is not the registered owner of the seized motorcycle. He further submits that the petitioner has got no criminal antecedent. 5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the petitioner has got no criminal antecedent, his name transpired in this case by the chowkidar and the seized motorcycle does not belong to the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail. 6. This application is, accordingly, allowed. 7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- Patna High Court CR. MISC. No.1042 of 2025(2) dt.24-02-2025 3/3 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. III, East Champaran, at Motihari, in connection with Dumariyaghat Police Station Case No. 274 of 2024, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √