Surendra Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65514 of 2025 Arising Out of PS. Case No.-104 Year-2025 Thana- Panapur District- Muzaffarpur ====================================================== Surendra Pandey S/O Late Binda Pandey R/O Village-Maisaha, PS-Panapur Kariyat, Distt-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Panapur Kariyat P.S. Case No. 104 of 2025 registered for the offences punishable under Section 30 (a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, 69.495 litre foreign liquor was recovered from the orchard of the petitioner and one motorcycle was also seized at the place of occurrence.

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.The place of recovery is an open place which is accessible to all and petitioner cannot be held liable for the alleged recovery. Petitioner is not the owner of the motorcycle in question. Petitioner has no concern with

Patna High Court CR. MISC. No.65514 of 2025(2) dt.24-09-2025 2/2 the alleged recovered liquor. Petitioner bears no criminal antecedent. Seizure list has not been prepared as per law. Nothing has been recovered from the conscious possession of the petitioner.

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

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of 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 Exclusive Special Judge Excise, II, Muzaffarpur in connection with Panapur Kariyat P.S. Case No. 104 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S.

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