Shyam Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57286 of 2025 Arising Out of PS. Case No.-12 Year-2021 Thana- GAURICHAK District- Patna ====================================================== Shyam Babu Son of Panchi Rai R/O Village- Shivchak, P.S.- Gaurichak and Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. On secret information to the effect that two persons including petitioner are selling illicit liquor, the police made a search and recovered 15 litres country made liquor from the bank (Aahar) of a pond in village Bhirpar. Two accused persons including petitioner are alleged to have fled away on seeing the police.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of secret information. Nothing incriminating article has been recovered from conscious possession of the

Patna High Court CR. MISC. No.57286 of 2025(2) dt.09-09-2025 2/2 petitioner. The alleged recovery of liquor has been made from the bank of a pond. Petitioner has no concern either with the seized illicit liquor or the place of recovery. The petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be 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 Special Judge Excise, Patna City in connection with Gaurichak P.S. Case No.12 of 2021, subject to the conditions as laid down under Section 482

(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Harish/- U T