IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23774 of 2025 Arising Out of PS. Case No.-40 Year-2025 Thana- Excise P.S. District- Begusarai ====================================================== Raja Kumar S/O Subodh Roy R/O Vill.- Pipra Dewas, Ward no. 9 ,P.S.- Barauni, Dist.- Begusarai. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Arvind Kumar, Advocate For the Opposite Party/s : Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 2 05-05-2025 Heard learned counsel for the petitioner and learned counsel for the State. 2. Petitioner apprehends his arrest in connection with Excise P.S. Case No. 40 of 2025 registered for the offences under Sections 30(a) and 32(3) of Bihar Prohibition and Excise Amendment Act. 3. The prosecution case, in brief, is that on a secret information a raid was conducted in Shankar Parwati Hotel, gumti/stall near hotel and a puncture shop. The petitioner along with other co-accused persons were alleged to be selling illicit liquor. On raid by the police, two-three persons fled away but two persons were apprehended and they revealed the name of the petitioner (Raja Kumar). Thereafter search was conducted and approximately 26 litres of Officer’s Choice Original Whisky Patna High Court CR. MISC. No.23774 of 2025(2) dt.05-05-2025 2/3 was found kept under a bed/chowki in the Hotel, approximately 112 liters of Officer’s Choice Original Whisky was found inside the gumti/stall, approximately 12 liters of Officer’s Choice Original Whisky was found inside the puncture shop, totalling to about 150 liters of illicit liquor. A seizure list was prepared which was signed by two witnesses who were members of the Excise Police Team who had conducted the raid. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case. It is further submitted that nothing has been recovered from the conscious possession of the petitioner and that his name has surfaced in a confessional statement of one co-accused. Learned counsel further submits that the search and seizure list which has been prepared does not carry the names of independent witnesses which renders the seizure list to be illegal and invalid. Learned counsel further submits that the petitioner has no concern with the hotel, gumti/stall and puncture shop were raid was conducted and his name has simply come in the confessional statement of one co-accused. It is lastly submitted that the petitioner has two criminal antecedents in which he is on bail. 5. Learned APP for the State has opposed the prayer Patna High Court CR. MISC. No.23774 of 2025(2) dt.05-05-2025 3/3 for anticipatory bail. 6. Considering the facts and circumstances of the case and particularly the fact that nothing has been recovered from the conscious possession of the petitioner and that the seizure list has not been prepared in presence of two independent witnesses which puts question mark on the validity and legality of the seizure list prepared by the raiding team, in such circumstances, let the petitioner, above named is directed to be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of this order, on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Court of Exclusive Special Excise Court No. II, Begusarai in connection with Excise P.S. Case No. 40/2025 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. tusharika/- (Alok Kumar Sinha, J) U T