IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89139 of 2024 Arising Out of PS. Case No.-812 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== SHIV PUJAN RAM S/O LATE RAMCHANDRA RAM R/O VILLAGE- LOKSHA, P.S- MUFFASIL, DIST- EAST CHAMPRAN ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar For the Opposite Party/s : Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 22-01-2025 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 Muffasil P.S. Case No.812 of 2023, disclosing offences under Sections 30(a), 32, 41(i) of the Bihar Prohibition and Excise Act, 2016. 3. As per the F.I.R., on 14.11.2023, the Police got the secret information that the petitioner used to sell liquor in the village in paddy field. The Police arrived at the place of occurrence and upon seeing the police party, the petitioner and his customers succeeded in fleeing away. The Police recovered 15 liters of liquor from a white sack in the paddy field outside of the village. 4. Learned Counsel for the petitioner submits that the petitioner has been made accused on the basis of secret information. The paddy field from where the liquor has been Patna High Court CR. MISC. No.89139 of 2024(2) dt.22-01-2025 2/2 recovered does not belong to the petitioner and is an open space which is accessible to all. The petitioner has been made accused on the basis of disclosure of his name by a local chowkidaar. 5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the liquor has been recovered from an open space not belonging to the petitioner, he has been made accused on the basis of disclosure of his name by a local chowkidaar, 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 Special Judge Excise Court – 1, East Champaran at Motihari, in connection with Muffasil P.S. Case No.812 of 2023, subject to the condition laid down under Section 438(2) Code of Criminal Procedure. sharun/- (Anil Kumar Sinha, J) U T