IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84478 of 2024 Arising Out of PS. Case No.-129 Year-2021 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1. Santosh Kumar Sharma @ Satish Sharma @ Satish Kumar S/o- Late Arjun Sharma Village- Chadh PS- Makhdumpur Dist-Jehanabad 2. Vikki Kumar S/o- Shiv Shanikar Sharma Village- Chadh PS- Makhdumpur Dist-Jehanabad 3. Raushan Kumar S/o- Jitendra Kumar Sharma @ Jitendra Kumar Village- Silaunja PS- Belaganj Dist-Gaya 4. Ravi Kumar S/o- Arvind Sharma Village- Sanda Kurtha PS- Kurtha Dist- Arwal ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Aryan Singh, Advocate For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 4 08-05-2025 1. Heard learned Counsel for the petitioners and learned APP for the State. 2. This application, for grant of anticipatory bail, arises out of Makdumpur PS case no. 129 of 2021 dated 27.03.2021, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise Act. 3. The prosecution story, as per the First Information report, is that Police reached the house of petitioner no. 1 on 27.03.2024 and recovered some firearms, for which a separate F.I.R. has been lodged. It has further been alleged that 10.875 Patna High Court CR. MISC. No.84478 of 2024(4) dt.08-05-2025 2/3 liters of illicit liquor has also been recovered from the dalan (lounge) of the petitioner no. 1, situated at a distance from his residential house. 4. Learned Counsel for the petitioners submits that the petitioners are not named in the F.I.R. From perusal of the F.I.R., it appears that at the time of seizure, Police handed over the seizure list to the petitioner no. 1. He further submits that the dalan/ lounge is situated outside of his residential house and is accessible to everyone. Accordingly, petitioner no. 1 and others were not named in the F.I.R. and subsequently, during course of investigation, the Police dragged the petitioners in the present case on the ground that they are indulged in trade of illicit liquor. 5. Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that illicit liquor has been recovered from dalan (verandah), which is accessible to everyone, as recorded in the F.I.R., I am inclined to grant the privilege of anticipatory bail to the petitioners. 6. This application is, accordingly, allowed. 7. Let petitioners, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten Patna High Court CR. MISC. No.84478 of 2024(4) dt.08-05-2025 3/3 thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise 1st, Jehanabad in connection with Makdumpur PS case no. 129 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. rinkee/- (Anil Kumar Sinha, J) U T