IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85150 of 2024 Arising Out of PS. Case No.-354 Year-2024 Thana- TILAUTHU District- Rohtas ====================================================== Vikash Kumar Son of Ashok Paswan @ Ashok Ram Resident of Sonpura, P.S.- Tilauthu, District- Rohtas ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 86618 of 2024 Arising Out of PS. Case No.-354 Year-2024 Thana- TILAUTHU District- Rohtas ====================================================== Sarwan Kumar @ Sarwan Paswan Son of late Videshi Paswan Resident of village- Sonpura, Ps- Tilauthu, Dist- Rohtas ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 85150 of 2024) For the Petitioner/s : Mr.Sadanand Roy, Advocate For the Opposite Party/s : Mr.Indu Kumari Srivastava, APP (In CRIMINAL MISCELLANEOUS No. 86618 of 2024) For the Petitioner/s : Mr.Sadanand Roy, Advocate For the Opposite Party/s : Mr.Indu Kumari Srivastava, 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 Tilauthu PS case no. 354 of 2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022. Patna High Court CR. MISC. No.85150 of 2024(2) dt.08-01-2025 2/3 3. The prosecution story, as per the First Information report, is that on 18.10.2024, police, upon secret information that petitioners were selling liquor near the gate of Mata Tutla Bhawani, proceeded towards the place of occurrence and upon seeing the police party, two persons started running away with bags in their hand. Upon chase by the police, they threw the bag in the nearby field and upon search, the police recovered 3.750 liters of countrymade liquor from the bag thrown by co-accused Sarwan Kumar (petitioner in Cr. Misc. No. 86618 of 2024) and 4.500 liters of countrymade liquor from the bag thrown by the petitioner Vikash Kumar (petitioner in Cr. Misc. No. 85150 of 2024). The petitioners were identified by local herdsmen. 4. Learned Counsel for the petitioners submits that petitioners have been made accused on the basis of disclosure of their names by the local people. He further submits that illicit liquor has not been recovered from conscious possession of the petitioners and/ or premises belonging to them but has been recovered from an open space, accessible to all and sundry. Petitioner Vikash Kumar is having one criminal antecedent however, petitioner Sarwan Kumar is having no criminal antecedent. 5. Regard being had to the submissions made on Patna High Court CR. MISC. No.85150 of 2024(2) dt.08-01-2025 3/3 behalf of the parties and taking into consideration the fact that name of the petitioners transpired on the basis of disclosure made by the local people and the liquor has not been recovered from the premises belonging to them, 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 thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.2- cum-Additional District & Sessions Judge, Rohtas at Sasaram in connection with Tilauthu PS Case No. 354 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. rinkee/- (Anil Kumar Sinha, J) U T