IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84382 of 2024 Arising Out of PS. Case No.-992 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== 1. Mithlesh Kumar @ Mithilesh Kumar Son of Jagnarayan Singh Resident of Village -Tikadhar Bighapar, P.S -Jamhore, Dist- Aurangabad 2. Jasim Ansari son of Saukat Ansari Village- Dhangai, Ps- Jamhore, Dist- Aurangabad ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashok Singh For the Opposite Party/s : Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 07-01-2025 1. Heard the parties. 2. The petitioners apprehend arrest in connection with Excise P.S. Case No. 992 of 2024 dated 04.10.2024 registered under Sections 30(a) / 30 (c) / 30 (d) / 32 (3) of the Bihar Prohibition & Excise Amendment Act, 2018. 3. As per the first information report 35 liters of spirit has been recovered from the lounge (“dalaan”) of the petitioner no. 1 and 35 liters of spirit has been recovered from the bamboo clump situated near the “dalaan”. 45 liters whiskey (09 liters from “dalaan” and 36 liters from bamboo clump), 500 empty bottles, caps and wrappers have been recovered from the “dalaan” of the petitioner no. 1. Two persons were arrested on Patna High Court CR. MISC. No.84382 of 2024(2) dt.07-01-2025 2/3 the spot by the Police namely Bijendra Paswan and Chintu Kumar, who disclosed the name of the petitioners as the persons involved in the illegal trade of illicit liquor. 4. Learned counsel for the petitioners submits that insofar as the petitioner no. 2 is concerned, he is having no criminal antecedent and no recovery of illicit liquor / spirit and /or bottles/caps/wrappers etc. has been made from the premises and / or possession of the petitioner no. 2. The “dalaan” from where illicit liquor, spirit, bottles etc. have been recovered belong to the petitioner no. 1 which is an open space easily accessible to all and sundry. 5. Regard being had to the submission made by the parties, taking into consideration the fact that the petitioner no. 2 is having no criminal antecedent, no recovery of illicit liquor / spirit and other materials has been made from the conscious possession and / or premises belonging to the petitioner no. 2, as such, I am inclined to grant anticipatory bail to the petitioner no. 2. 6. Insofar as the petitioner no. 1 is concerned, there is recovery from his “dalaan” of spirit and other materials such as bottles, caps and wrappers etc. which may be converted into spurious liquor and the petitioner no. 1 is having criminal Patna High Court CR. MISC. No.84382 of 2024(2) dt.07-01-2025 3/3 antecedent also, as such, I am not inclined to grant anticipatory bail to the petitioner no. 1. The prayer for the same is rejected. 7. Accordingly, let the petitioner no. 2, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Court No. II, Aurangabad in connection with Excise P.S. Case No. 992 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. praful/- (Anil Kumar Sinha, J) U T