IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1149 of 2026 Arising Out of PS. Case No.-253 Year-2025 Thana- BAHERA District- Darbhanga ====================================================== Md. Azmuddin Rain @ Md. Azmuddin, S/o Md. Safid Rain, R/o Village - Tharhi, Ward No. 6, Andhrathari, P.S - Andhrathari, District - Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Praveen, Advocate For the Opposite Party/s : Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 09-02-2026 Heard learned counsel for the petitioner and learned APP for the State. 2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Behera P.S. Case No.253 of 2025 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The case of the prosecution, in short, is that from two tempo, altogether 225 liters and 45 liters of illicit liquor was recovered. 4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. It has further been submitted that from the second tempo from which 45 liters of illicit liquor was recovered, petitioner is the owner. He is ignorant of the said Patna High Court CR. MISC. No.1149 of 2026(2) dt.09-02-2026 2/2 recovery. He has been framed in this case only because he is owner of the tempo. Nothing has been recovered from his possession. He is having no criminal antecedent. 5.Learned APP appearing for the State has vehemently opposed the prayer of bail of the petitioner. 6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bahera P.S. Case No. 253 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-II (Excise Act), Darbhanga, subject to the conditions as laid down under section 438 (2) of the Cr.P.C. lata/- (Ashok Kumar Pandey, J) U T