Binod Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89847 of 2025 Arising Out of PS. Case No.-205 Year-2025 Thana- Gidhaur District- Jamui ====================================================== Binod Tanti, aged about 34 years, S/O Sitaram Tanti R/O Village- Mahuli, P.S- Gidhaur, Distict -Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Ankita Kumari, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Gidhaur P.S. Case No. 205 of 2025 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 5.75 litres of foreign and country made liquor has been recovered beneath the pile of rice husk from Community Bhawan which is 500 meters away from the house of the present petitioner.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.89847 of 2025(2) dt.23-12-2025 2/3 petitioner has falsely been implicated in this case. He further submits that nothing has been recovered from the conscious possession of the petitioner. He next submits that the petitioner has no concern with the alleged recovered liquor and he was not involved in the sale of illicit liquor. He next submits that petitioner house is 500 meters away from the place from where the alleged liquor has been recovered and he was not arrested on the spot. He next submits that petitioner has got two criminal antecedents as stated in para-3 of the bail petition.

5. However, learned APP for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and submission of learned counsel for the petitioner and also the fact that nothing has been recovered from the conscious possession of the petitioner and the alleged recovered liquor (5.75 litres) has been recovered from beneath the pile of rice husk and that place is 500 meters away from the house of the present petitioner, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender

Patna High Court CR. MISC. No.89847 of 2025(2) dt.23-12-2025 3/3 before the court below within a period of six weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court-I, Jamui in connection with Gidhaur P.S. Case No.205 of 2025 subject to the condition as laid down under Section 482 of BNSS. (Ramesh Chand Malviya, J) Harshita/- U T