IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.483 of 2025 Arising Out of PS. Case No.-656 Year-2024 Thana- HISUWA District- Nawada ====================================================== 1. Rakesh @ Raka Son of Anil Choudhary Resident of Village -Jota Police Station- Atri, Dist- Gaya 2. Mukesh Chaudhary @ Mukesh Kumar son of Anil Chaudhary Resident of Village -Jota Police Station- Atri, Dist- Gaya ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Kshem Sharma, Advocate For the Opposite Party/s : Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 06-02-2025 1. Heard learned Counsel for the petitioners and learned APP for the State. 2. This application, for grant of anticipatory bail, arises out of Hisua PS case no. 656 of 2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise Act. 3. The prosecution story, as per the First Information report, is that on 30.10.2024, police got the information that petitioner no. 1 used to come on a motorcycle having countrymade liquor in the dicky and sell it near the bush. Upon this information, the police proceeded towards the place of occurrence and upon seeing the police party, the accused Patna High Court CR. MISC. No.483 of 2025(2) dt.06-02-2025 2/3 persons started fleeing away after leaving the motorcycle and succeeded in the same. Police recovered 02 liters of liquor from the bush and 10 liters from the motorcycle in question. 4. Learned Counsel for the petitioners submits that petitioner no. 1 has been made accused on the basis of secret information and petitioner no. 2 has been made accused on the basis of his being the owner of the motorcycle. The motorcycle of petitioner no. 2 was borrowed by his friend for some urgent work and he was not aware that illicit liquor was being carried in the same. He further submits that illicit liquor has been recovered from the bush, which is an open space accessible to everyone. 5. Regard being had to the submissions made on behalf of the parties and taking into consideration the justification given by the petitioner, I am inclined to grant the privilege of anticipatory bail to the petitioners. 6. This application is, accordingly, allowed. 7. Let petitioner, 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. 1, Patna High Court CR. MISC. No.483 of 2025(2) dt.06-02-2025 3/3 Nawada in connection with Hisua PS case no. 656 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