Akhileshwar Kant Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72113 of 2025 Arising Out of PS. Case No.-86 Year-2017 Thana- OBRA District- Aurangabad ====================================================== Akhileshwar Kant Tiwari S/o Prabhat Mani Tiwari R/o Village- Green Home Nursery, Durga Niwas, Kasyam Bihar, Ashok Kunj, Ashok Nagar, Angora, PS- Ashok Nagar, District- Ranchi, Jharkhand ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rupa Kumari, Advocate For the Opposite Party/s :
Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in a case registered for the offences under Sections 30(a) of the Bihar Prohibition and Excise (Amended) Act, 2016.
3. As per the prosecution story, on 11.05.2017 at about 10:15 PM, while on patrol, police stopped a Maruti car (JH-01BX-6544) around 12:20 AM. Upon checking, they recovered 32.775 liters of foreign liquor. The driver, Arjun Tudu, stated that he was transporting the liquor to Ara (Bhojpur) under the
Patna High Court CR. MISC. No.72113 of 2025(2) dt.15-10-2025 2/3 petitioner's direction, leading to the lodging of the present case and preparation of a seizure list.
4. Learned counsel for the petitioner submits that though the Maruti car from which illicit liquor was recovered, belongs to this petitioner, was given to one Arjun Tudu for personal use and was apprehended driving the said car from which illicit liquor to the tune of 32.775 foreign wine was recovered. The petitioner has clean antecedent and is running a shop in the locality for earning his livelihood.
5. Learned APP for the State opposes the prayer for anticipatory bail application.
6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the conscious possession and / or premises belonging to the petitioner and the petitioner has clean antecedent, accordingly, this Court is inclined to grant anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.72113 of 2025(2) dt.15-10-2025 3/3 learned Special Judge, Excise Court No.2nd, Aurangabad, Bihar, in connection with Obra P.S. Case No. 86 of 2017 subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023.
(Ajit Kumar, J) sharun/- U T