IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85122 of 2024 Arising Out of PS. Case No.-414 Year-2024 Thana- NAUTAN District- West Champaran ====================================================== 1. Chandan Patel @ Chandan Prasad son of Kishori Prasad Resident of village- Tola Sansaraiya ward 14 PS -Nautan District- West Champaran 2. Bharos Chaudhary son of Baidhnath Choudhary Resident of village- Tola Sansaraiya ward 14 PS -Nautan District- West Champaran 3. Bhanu Yadav @ Rambabu Kumar Son of Ramchandra Yadav Resident of village- Tola Sansaraiya ward 14 PS -Nautan District- West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mayank Mohan, Advocate For the Opposite Party/s : Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 08-01-2025 1. Heard learned Counsel for the petitioners and learned APP for the State. 2. This application, for grant of anticipatory bail, arises out of Nautan PS case no. 414 of 2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2016. 3. The prosecution story, as per the First Information report, is that on 24.10.2024, police got secret information that in the orchard of Subhash Yadav, petitioners and others were selling illicit liquor, upon which, the police party proceeded towards the place of occurrence and no sooner than the police Patna High Court CR. MISC. No.85122 of 2024(2) dt.08-01-2025 2/3 arrived near the orchard, three persons started fleeing away. The police party tried to catch them but they succeeded in fleeing away. It is alleged that the police recovered 02 liters of countrymade liquor kept in a plastic bottle, 10 sachets of illicit liquor containing 100 ml each, 03 liters of countrymade liquor and 27 tablets of Nausadar from the orchard of Subhash Yadav. It is also alleged that the police recovered 19.44 liters of illicit foreign liquor from the adjacent orchard of Gauri Yadav. The local chowkidar disclosed the name of the persons, who succeeded in fleeing away, as the petitioners herein. 4. Learned Counsel for the petitioners submits that the petitioners have been made accused on the basis of disclosure of their names by the local chowkidar. He further submits that illicit liquor has not been recovered from the premises belonging to them but the same has been recovered from an orchard of Subhash Yadav. 5. On the other hand, learned counsel for the State opposed the prayer for anticipatory bail and submits that illicit countrymade liquor along with tablets of Nausadar were recovered which can be used for manufacturing the liquor causing serious health problem to the persons consuming the same. He further submits that the petitioners have been Patna High Court CR. MISC. No.85122 of 2024(2) dt.08-01-2025 3/3 identified by the local chowkidar and they are having criminal antecedents also. 6. Having regard to the submissions made by learned counsel for the parties and taking into consideration the fact that illicit liquor along with some tablets used for manufacturing of spurious liquor were recovered, which may cause serious health problem to the general public, I am not inclined to grant the privilege of anticipatory bail to the petitioners. 7. This application is, accordingly, rejected. rinkee/- (Anil Kumar Sinha, J) U T