IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3317 of 2025 Arising Out of PS. Case No.-407 Year-2024 Thana- CHHATAUNI District- East Champaran ====================================================== Shailendra Paswan Son of Jai Kishun Paswan Resident of Village- Bara Bariyarpur, P.S.-Chhatauni, Distt.- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 20-02-2025 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Chhatauni Police Station Case No. 407 of 2024, dated 28.09.2024, disclosing offences under Sections 30(a)/30(d) of the Bihar Prohibition and Excise Act. 3. The prosecution case, as per the First Information Report, is that on 28.09.2024, the police, upon secret information that the petitioner and co-accused Shyam Lal Paswan were indulged in preparation of illicit liquor in their house, reached near the place of occurrence. On seeing the police party accused persons succeeded in fleeing away. Upon search, the police recovered 20 liters of country made illicit liquor, gas cylinder, stove and 20 Patna High Court CR. MISC. No.3317 of 2025(2) dt.20-02-2025 2/3 liters of raw wine from inside the house of the petitioner. 4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case on mere suspicion and on the basis of secret information. He next submits that the petitioner was not present at the place of occurrence and neither illicit liquor nor any incriminating articles has been recovered from conscious possession of the petitioner. The petitioner has got no criminal antecedent. 5. After having heard learned Counsel for the parties and taking into consideration the fact that the police has recovered 20 liters of illicit country made liquor and 20 liters of raw wine along with other equipments/articles for manufacturing of illicit country-made liquor and from seizure list it is apparent that illicit liquor has been recovered from the house of the petitioner as such prima facie offence under the Bihar Prohibition and Excise Act, 2016 is made out and the Hon’ble Full Bench of this Court has held that anticipatory bail in such cases in not maintainable. Accordingly, in view of the law laid down by the Full Bench in Criminal Appeal (SJ) No. 431 of 2019, I am not inclined to grant the petitioner privilege of Patna High Court CR. MISC. No.3317 of 2025(2) dt.20-02-2025 3/3 anticipatory bail. 6. This application is, accordingly, rejected. ashwani/- (Anil Kumar Sinha, J) U T