IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17336 of 2026 Arising Out of PS. Case No.-128 Year-2025 Thana- TANDWA District- Aurangabad ====================================================== Binay Ram @ Binay Paswan S/O Jitan Ram @ Jitan Paswan Village- Bhagat Tendua, P.s.- Hariharganj, District- Palamu, at Present Vill.- Bhagat tendua, P.S.- Tandwa, Dist.- Aurangabad. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bindeshwar Prasad Singh, Adv. For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 2 25-03-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest in connection with Tandwa P.S. Case No.128 of 2025 registered for the offence under Section 30(a) of the Bihar Liquor Prohibition and Excise Amendment Act, 2022. 3. As per prosecution case, there is recovery of 150 liters of countrymade liquor from a vehcile. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has falsely been implicated in this case. Learned counsel for the petitioner further submits that petitioner has not been apprehended on the spot and no recovery has been made from the conscious physical possession of the petitioner. Learned Patna High Court CR. MISC. No.17336 of 2026(2) dt.25-03-2026 2/3 counsel for the petitioner next submits that petitioner’s name has been surfaced on account of statement made by co-accused, Prasoon Aryan Anand. Learned counsel for the petitioner also submits that both the witnesses who have sighed the search and seizure memo are not independent witnesses, which puts a question mark on the validity of the seizure itself. 5. The learned APP opposes the anticipatory bail application. 6. Considering the fact that petitioner has not been apprehended on the spot and therefore, no recovery has been made from the conscious physical possession of the petitioner and also given the fact that his name has surfaced on account of statement made by co-accused, Prasoon Aryan Anad, which carries no evidentiary value and also given the fact that both the witnesses who have sighed the search and seizure memo are not independent witnesses, which puts a question mark on the validity of the seizure itself, under these circumstances this Court is inclined to grant privilege of anticipatory bail to the petitioner. 7. 7. Accordingly, the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on Patna High Court CR. MISC. No.17336 of 2026(2) dt.25-03-2026 3/3 anticipatory bail on his furnishing bail-bonds in the sum of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-2, Aurangabad in connection with Tandwa P.S. Case No.128 of 2025, subject to the conditions laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. Prakash Narayan (Alok Kumar Sinha, J) U T