Pappu Patel @ Bijay Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57538 of 2025 Arising Out of PS. Case No.-296 Year-2025 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Pappu Patel @ Bijay Patel S/o Late Baban Patel, R/o Village- Bankat Ward No. 41, P.S.- Muffasil, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Harsha Shashwat, Advocate.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, 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 connection with Muffasil P.S. Case No.296 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 2.340 litre illicit foreign liquor from the asbestos house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner was not present on the said house at the time of alleged incident and no incriminating article has been recovered from his conscious possession. Learned counsel submits that petitioner has no

Patna High Court CR. MISC. No.57538 of 2025(2) dt.09-09-2025 2/2 concern with the alleged seized liquor as the same has been recovered from the joint family property of petitioner. He further submits that petitioner had no knowledge about the said seized liquor. Learned counsel submits that petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial.

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

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.1, Motihari, East Champaran in connection with Muffasil P.S. Case No.296 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Ritik/- U T