IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3075 of 2025 Arising Out of PS. Case No.-484 Year-2024 Thana- DUMRA District- Sitamarhi ====================================================== Sohan Rai @ Sohan S/o Yadunandan Rai Resident of Village- Rupauli, Ward No. 04, P.S.- Dumra, District- Sitamarhi ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Birendra Kumar For the Opposite Party/s : Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 3 19-02-2025 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 Dumra Police Station Case No. 484 of 2024, dated 26.10.2024, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 3. The prosecution case, as per the First Information Report, is that the police, on secret information that the petitioner and others have kept a huge consignment of illicit liquor near his shop and are selling illicit liquor to wine traders, reached at the place of occurrence and saw that two persons on two motorcycles and one cart (thela) were standing there keeping something on their vehicles. On seeing the police, both the persons fled away. The village Patna High Court CR. MISC. No.3075 of 2025(3) dt.19-02-2025 2/3 chowkidar disclosed the names of the persons, who fled away, as the petitioner and co-accused Pathlu Mahto @ Pathlu Singh. On search of the motorcycles and cart (thela), the police recovered 258.12 litres of illicit liquor. 4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of disclosure of his name by the village chowkidar. He further submits that the petitioner is neither the owner of the motorcycles/cart nor the driver of the cart in question. He further submits that the illicit liquor has not been recovered from the conscious possession and/or vehicles belonging to the petitioner. 5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the name of the petitioner transpired in this case on the basis of disclosure of his name by the chowkidar and the petitioner is neither the owner of the motorcycles/ cart nor the driver of the cart in question, 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 Patna High Court CR. MISC. No.3075 of 2025(3) dt.19-02-2025 3/3 released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. I, Sitamarhi, in connection with Dumra Police Station Case No. 484 of 2024, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √