IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3895 of 2025 Arising Out of PS. Case No.-364 Year-2024 Thana- BACHHWARA District- Begusarai ====================================================== 1. Ritesh Kumar S/o Sitaram Rai R/o Vill- Rani Tola Diyara, P.S.- Bachhwara, Distt.- Begusarai 2. Shiv Kumar Rai @ Shiv Kumar S/o Sitaram Rai R/o Vill- Rani Tola Diyara, P.S.- Bachhwara, Distt.- Begusarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 6142 of 2025 Arising Out of PS. Case No.-364 Year-2024 Thana- BACHHWARA District- Begusarai ====================================================== Ranvir Rai @ Ranvir Yadav @ Ranvir Kumar S/o Suresh Rai R/o Vill- Rani Tola Diyara, P.S.- Bachhwara, Distt.- Begusarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 3895 of 2025) For the Petitioner/s : Mr.Anil Kumar, Advocate For the Opposite Party/s : Mr.Sanjay Kumar, APP (In CRIMINAL MISCELLANEOUS No. 6142 of 2025) For the Petitioner/s : Mr.Anil Kumar, Advocate For the Opposite Party/s : Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 3 02-05-2025 Both these case are arising out of same P.S. being Bachhwara P.S. Case No. 364 of 2024 and hence, are being taken up together. 2. Heard learned counsel for the petitioners and learned APP for the State. Patna High Court CR. MISC. No.3895 of 2025(3) dt.02-05-2025 2/3 3. The petitioners apprehend their arrest in connection with Bachhwara P.S. Case No. 364 of 2024 registered under section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016. 4. As per the prosecution case, a secret information having been received that some foreign liquor had been kept and concealed in a banana orchard, the police party conducted raid and 25 liters of country made liquor was recovered from the said banana orchard. 5. Learned counsel for the petitioner submits that the petitioners have been falsely implicated in the case. There was no independent witness to the seizure list and no recovery has been made from the conscious possession of the petitioner or from his house. The banana orchard is an open space which is accessible to everyone. The petitioner Ritesh Kumar in Cr. Misc. No. 3895 of 2025 has no criminal antecedent while petitioner Ranvir in Cr. Misc. No. 6142 of 2025 has one criminal antecedent and he is on bail on the said case. The petitioners undertake to cooperate in the case/trial. 6. The application for anticipatory bail is opposed by learned A.P.P. for the State. Patna High Court CR. MISC. No.3895 of 2025(3) dt.02-05-2025 3/3 7. In view of the facts of the case that the illicit recovery was made from an open space which is accessible to everyone, it is directed that the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Bachhwara P.S. Case No. 364 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Exclusive Excise Judge-I, Begusarai, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. harsh/- (Soni Shrivastava, J) U T