IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2228 of 2025 Arising Out of PS. Case No.-392 Year-2021 Thana- KESARIA District- East Champaran ====================================================== Mukesh Rai S/o GANESH RAI R/o vill - Madhopur Hazari, P.S. - Sahebganj, Distt. - Muzaffarpur. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rahul Singh, Adv. For the Opposite Party/s : Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 24-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Kesariya P.S. Case No.392/2021 registered for the offences punishable under Sections 30(a), 32, 41 (1) of the Bihar Prohibition and Excise Act. 3. As per prosecution case, there is alleged recovery of 200 liters country made liquor near the bhatti of the petitioner. It is also alleged that 320 liters country made liquor was recovered near the bhatti of co-accused Sanjay Rai. Petitioner and others are said to have fled away from the place of occurrence. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged Patna High Court CR. MISC. No.2228 of 2025(2) dt.24-01-2025 2/3 in the FIR. The petitioner has inimical term with the local Chaukidar, therefore, he has falsely been implicated in this case. He further submits that seized liquor was recovered from the open place and the same was accessible to all. Petitioner bears criminal antecedent of two cases and in both cases he is on bail. The petitioner is not apprehended on the spot and nothing has been recovered from the conscious possession. Seizure list has not been prepared as per law. He further submits that on similar and identical allegation, co-accused Hari Shankar Rai has already been granted anticipatory bail by the co-ordinate Bench of this Court vide Cr. Misc. No.21549/2022 and on the principle of party the petitioner also deserves same treatment. In the light of the aforesaid submission, no case is made out against the petitioner under the provision of Bihar Prohibition and Excise Act. 5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner. 6. Considering the facts and circumstances of the case, on similar and identical allegation co-accused has already been granted anticipatory bail, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of Patna High Court CR. MISC. No.2228 of 2025(2) dt.24-01-2025 3/3 his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.3, East Champaran, Motihari in connection with Kesariya P.S. Case No.392/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. amitkumar/- (Alok Kumar Pandey, J) U T