IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2681 of 2025 Arising Out of PS. Case No.-241 Year-2024 Thana- GUTHANI District- Siwan ====================================================== Arvind Kumar S/o Mainejar Bhagat Resident of Village - Moti Chhapar, P.S. - Mairwa, District - Siwan ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s : Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 3 15-02-2025 1. Heard learned Counsel for the petitioner and learned APP for the State. 2. This application, for grant of anticipatory bail, arises out of Guthani PS case no. 241 of 2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018. 3. As per the prosecution story, on 07.09.2024, during the course of vehicle checking the police intercepted an e-rickshaw and signalled the driver to stop and upon seeing the police the driver tried to flee away leaving behind the e- rickshaw but the police party apprehended the driver on the spot and upon asking he disclosed his name as Anup Bansfore, and upon search 9 liters of country made liquor was Patna High Court CR. MISC. No.2681 of 2025(3) dt.15-02-2025 2/3 recovered from the e-rickshaw. 4. Learned counsel for the petitioner submits that the petitioner has been made accused because he happens to be the owner of the e-rickshaw which he had given for plying on rental basis to the co-accused. At the time of occurrence it was being driven by the driver, who was plying the vehicle on rent. The petitioner was not aware of the liquor being carried on e-rickshaw and the petitioner has got no criminal antecedent. 5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that the petitioner is having clean antecedent and the driver was arrested along with the e-rickshaw at the time of seizure of the liquor, 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-1, Siwan in connection with Guthani Police Station Patna High Court CR. MISC. No.2681 of 2025(3) dt.15-02-2025 3/3 Case No. 241 of 2024, subject to the condition laid down under Section 482 (2) of the BNSS, 2023. aditya/- (Anil Kumar Sinha, J) U