Mantosh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86435 of 2025 Arising Out of PS. Case No.-104 Year-2025 Thana- TURKAULIYA District- East Champaran ====================================================== Mantosh Ram Son of Ganesh Ram R/o Village - Jaisinghpur Chainpur, P.S. - Turkauliya, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Gauri Shankar Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 18-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Turkauliya P.S. Case No.104 of 2025, F.I.R dated 12.03.2025 registered for the offences punishable under Section 30(a) and 41(1) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. As per the prosecution case, 50 litres of countrymade liquor were recovered from a motorcycle (No. BR-05AZ8371), and the co-accused, Gobina Kumar and Raja Kumar, were arrested while carrying it.

4. Learned counsel for the petitioner submits that the illicit liquor is said to have been recovered from the motorcycle while the said motorcycle was taken by his cousin brother for his personal use and during the course of which, the incident is said to have occurred and the said cousin has already been

Patna High Court CR. MISC. No.86435 of 2025(3) dt.18-12-2025 2/2 arrested. It has next been submitted that the petitioner has clean antecedent and is man of means.

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 a man of means, 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 Special Judge, Excise Judge Court No.1, East Champaran, Motihari, in connection with Turkauliya P.S. Case No.104 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