IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86498 of 2025 Arising Out of PS. Case No.-411 Year-2025 Thana- JANDAHA District- Vaishali ====================================================== Arvind Rai Panchilal Rai @ Panchi Rai R/o Village- Yadunandpur, P.S- Mahisaur, Dist- Vaishali. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Brahmaputra Singh Ishu Ms.Poonam Kumari For the Opposite Party/s : Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 18-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his arrest in connection with Jandaha (Mahisaur) P.S. Case No. 411 of 2025, F.I.R dated 16.10.2025 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. 3. As per the prosecution case, on 16.10.2025 at about 4:30 p.m., an A.S.I. of Mahisaur Police Station, along with other constables, allegedly proceeded for a raid against illegal liquor. At about 7:15 p.m., while checking vehicles near Kalyan Patna High Court CR. MISC. No.86498 of 2025(2) dt.18-12-2025 2/4 Chowk, the informant allegedly received secret information that Arvind Rai and Chandan Kumar, described as middlemen liquor businessmen, had stored and were selling country-made liquor from their respective houses at Ward No. 6, Yadunandanpur and Ward No. 16, Sakrauli Buchauli. Acting upon the said information and after informing the senior officer, the police team reached the house of Arvind Rai, where, on seeing the police, one person allegedly fled away taking advantage of darkness and could not be apprehended. The local chowkidar identified the fleeing person as Arvind Rai. As no local villagers agreed to become independent witnesses, two constables were made seizure witnesses. During search, 16 litres of country- made liquor (15 litres in a gallon and 1 litre in a bottle) was allegedly recovered from a bathroom situated near, but not attached to, the house of Arvind Rai. Thereafter, the police team proceeded to the house of Chandan Kumar, where one person allegedly fled from the back door on seeing the police and could not be apprehended. The local chowkidar identified him as Chandan Kumar. As no independent witnesses were available, two constables were made witnesses and, upon search of the bedroom, 10 litres of country-made liquor was allegedly recovered. A seizure list was prepared accordingly, leading to Patna High Court CR. MISC. No.86498 of 2025(2) dt.18-12-2025 3/4 institution of the present F.I.R. 4. Learned counsel for the petitioner submits that the recovery is said to have been made behind the house of the petitioner, which is in joint possession. Further, it has been submitted that the alleged recovery is made from an open space, which is accessible to general public, which cannot be denied, and further the seized liquor is no way connected with this petitioner. It has next been submitted that merely on the basis of the fact that petitioner has three antecedents akin to the instant case. The name of the petitioner has transpired on the basis of secret information. Without accepting the guilt, learned counsel for the petitioner proposes to deposit Rs. 5,000/- (Rupees Five Thousand) in the welfare account of Advocate Association, Patna High Court, Patna. 5. Learned APP for the State opposes the prayer for anticipatory bail application. 6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the constructive possession and / or premises belonging to the petitioner and, accordingly, this Court is inclined to grant anticipatory bail to the petitioner. 7. Let the petitioner, above named, be released on Patna High Court CR. MISC. No.86498 of 2025(2) dt.18-12-2025 4/4 anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1-cum-Additonal District and Sessions Judge, Vaishali at Hajipur in connection with Jandaha (Mahisaur) P.S. Case No. 411 of 2025 subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023, and on production of the receipt showing deposit of Rs. 5,000/- (Rupees Five Thousand) as proposed on behalf of the petitioner. abhishekkr/- (Ajit Kumar, J) U T