IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61877 of 2025 Arising Out of PS. Case No.-115 Year-2025 Thana- JALALPUR District- Saran ====================================================== Raja Nut S/o Late Lakshaman Nut R/o Village- Kishunpur Tola Phajil Chapra, P.S.- Jalalpur, District- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Hemant Kumar, Adv. For the Opposite Party/s : Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. Petitioner is apprehending arrest in connection with Jalalpur P.S. Case No. 115 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per prosecution case, there is alleged recovery of 4 liters illicit country made liquor from the Mango orchard situated behind the house of the petitioner. Local chowkidar disclosed the name of the petitioner who is 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 in the first information report and he has been falsely implicated Patna High Court CR. MISC. No.61877 of 2025(2) dt.23-09-2025 2/3 in this case. It is orally submitted that petitioner has inimical terms with the local chowkidar and petitoner has been falsely implicated in the present case due to the said enmity. The Mango orchard from where the alleged recovery has been made is an open place which is accessible to all and petitioner cannot be held liable for the alleged recovery. There is no compliance of the provision of section 103 of the B.N.S.S, Petitioner bears criminal antecedent of one case in which he is already on bail. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act. 5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner. 6. Considering the facts and circumstances of the case, 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 arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of 2nd Exclusive Special Judge, Saran at Chapra in connection with Jalalpur P.S. Case No. 115 Patna High Court CR. MISC. No.61877 of 2025(2) dt.23-09-2025 3/3 of 2025, subject to the conditions as laid down under section 482(2) of the B.N.S.S. 7. The application stands allowed. mcverma/- (Alok Kumar Pandey, J) U T