IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86691 of 2024 Arising Out of PS. Case No.-279 Year-2024 Thana- MUFFASIL District- Aurangabad ====================================================== Ajit Ram, S/O Birja Ram, R/O village- Khakhara Tole Teliyadih, P.S- Aurnagabad Muffasil, District- Aurangabad, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shailesh Kumar Singh, Advocate For the Opposite Party/s : Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 17-01-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. In this case, the petitioner is apprehending his arrest in connection with Aurangabad Muffasil P.S. Case No. 279 of 2024, registered for the alleged offence under Section 30 (a) of Bihar Prohibition and Excise Act. 3. As per the prosecution case, police received secret information about petitioner and other co-accused persons keeping illicit liquor in an orchard. A raid was conducted and miscreants fled away from the spot. The nearby people, who assembled there, named the petitioner and other co-accused persons, who made good their escape. From the search of the place, recovery of 40.860 litre of India made foreign liquor was made apart from recovery of 10 litre of spirit and 10 litre of Patna High Court CR. MISC. No.86691 of 2024(2) dt.17-01-2025 2/3 country made Mahua liquor. Further, recovery of empty bottles, wrappers etc. were also made from the spot. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has no concern with the seized liquor or the material. The petitioner has no concern with the place from where the recovery has been made. Moreover, recovery has been made from an open place. Apart from the information received by the police, there is no material against the petitioner to connect with the offence as alleged. The petitioner is having clean antecedent. 5. Learned APP opposes the submission made on behalf of the petitioner. 6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the recovery has been shown from an open place accessible to all and further considering the clean antecedent of the petitioner, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Patna High Court CR. MISC. No.86691 of 2024(2) dt.17-01-2025 3/3 Special Judge Excise 1st, Aurangabad/court concerned in connection with Aurangabad Muffasil P.S. Case No. 279 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court. V.K.Pandey/- (Arun Kumar Jha, J) U T