Shambhu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41200 of 2025 Arising Out of PS. Case No.-130 Year-2025 Thana- MADHUBAN District- East Champaran ====================================================== Shambhu Rai S/o Late Munsi Rai R/o Village- Bara Mangru, P.S.- Madhuban, District- East Champaran ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Aditya Kumar Pandey For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Madhuban P.S. Case No. 130 of 2025 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2016.

3. As per prosecution case, 30 litre country made liquor was recovered from the place of occurrence and local chowkidar disclosed the name of petitioner who is said to have fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent. Learned counsel orally

Patna High Court CR. MISC. No.41200 of 2025(2) dt.09-07-2025 2/3 submits that place of recovery is an open place which is accessible to all and petitioner cannot be held responsible for the alleged recovery. Basically, no incriminating article has been recovered from possession of the petitioner. Petitioner was not found on the place of occurrence. Petitioner has no concern with the seized liquor. In the light of aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition and Excise Act.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of the petitioner, 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 his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory 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, Excise Court No. 3, East Champaran, Motihari in connection with Madhuban P.S. Case No. 130 of 2025, subject to the conditions

Patna High Court CR. MISC. No.41200 of 2025(2) dt.09-07-2025 3/3 as laid down under Section 482(2) of B.N.S.S.

7. The application stands allowed.

(Alok Kumar Pandey, J) shahzad/- U T