Phiran Das @ Firan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71058 of 2025 Arising Out of PS. Case No.-147 Year-2025 Thana- KHAJAULI District- Madhubani ====================================================== Phiran Das @ Firan Das, S/O Late Janak Das, Resident of Village- Sukki Ghat Tola, P.S.- Khajauli, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-10-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Khajauli P.S. Case no.147 of 2025, registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on information having been received and a raid being conducted 33.6 litres of Nepali liquor was recovered from a bush near the house of the petitioner.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered either from the petitioner's possession or from his house. The alleged place of recovery is a public place accessible to all and cannot be said to be under the exclusive control of this petitioner. The petitioner

Patna High Court CR. MISC. No.71058 of 2025(2) dt.15-10-2025 2/2 has no criminal antecedent and has been falsely implicated in the case.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., the place of seizure of the liquor being a bush near the house of the petitioner and the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Khajauli P.S. Case no.147 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Madhubani. (Partha Sarthy, J) avinash/- U T