IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3306 of 2025 Arising Out of PS. Case No.-211 Year-2018 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Shiv Yadav Son of Dev Yadav Village- Dahiyar PS -Sasaram Muffasil, Dist- Rohtas ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Babu Nandan Prasad For the Opposite Party/s : Mr. Anand Kishore Choudhary ====================================================== 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 Sasaram (Muffasil) Police Station Case No. 211 of 2018, dated 29.10.2018, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as ‘the Act’). 3. The prosecution case, as per the First Information Report, is that the police, on secret information that the petitioner had stored 100-150 cartons of liquor in the toilet situated behind his house in village Dahiyar, reached at the place of occurrence. Upon search, the police recovered 50 liters of country made liquor and 80 pouches of foreign liquors of 100 ml i.e 14.400 liters. Patna High Court CR. MISC. No.3306 of 2025(2) dt.20-02-2025 2/3 4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and has falsely been implicated in the present on the basis of secret information and due to village politics. He next submits that illicit liquor has not been recovered from the conscious possession of the petitioner and/or from the premises belonging to him. Rather, illicit liquor has been recovered from a toilet situated behind the house of the petitioner, which is an open space accessible to all and sundry. The petitioner has got no criminal antecedent. 5. Regards being had to the submission made by the parties and taking into consideration the fact that the petitioner is having no criminal antecedent and illicit liquor has not been recovered from the conscious possession of the petitioner, rather, the same has been recovered from a toilet situated behind his house which is open space accessible to all and sundry, I am inclined to grant the petitioner privilege of anticipatory bail. 6. This application is, accordingly, allowed. 7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- Patna High Court CR. MISC. No.3306 of 2025(2) dt.20-02-2025 3/3 (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court No. 02 -cum- District and Additional Sessions Judge, Rohtas at Sasaram, in connection with Sasaram (Muffasil) Police Station Case No. 211 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. ashwani/- (Anil Kumar Sinha, J) U T