Shambhu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82580 of 2025 Arising Out of PS. Case No.-388 Year-2025 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Shambhu Rai S/o Hardan Ray R/o Village- Dumari, Banathi P.S- Chapra Mufassil, Dist- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Chapra Mufassil P.S. Case No.388 of 2025, F.I.R dated 10.07.2025 registered for the offences punishable under Sections 30(a), 32(1), 32(3), 41(1) and 41(2) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per the prosecution case, 05 liter of illicit liquor has been recovered from the possession of the accused person and Police prepared the seizure-list in the presence of two witnesses.

4. Learned counsel for the petitioner submits that 05 liters of country made wine has been recovered from an open space in village Dumari near Chemin Bhatta. It has next been submitted that the petitioner is in no way connected with the seized articles and the petitioner has clean antecedent and his name has transpired on the basis of secret information by the

Patna High Court CR. MISC. No.82580 of 2025(2) dt.10-12-2025 2/2 local chowkidaar.

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 constructive possession and / or premises belonging to the petitioner and the petitioner has clean antecedent and is in no way connected with the seized liquor, 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 learned Court of Excise- 1st Saran at Chapra, in connection with Chapra Mufassil P.S. Case No.388 of 2025 subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023.

(Ajit Kumar, J) sharun/- U T