Bhauli Raut @ Bhuali Raut @ Bhuwali Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88385 of 2025 Arising Out of PS. Case No.-130 Year-2025 Thana- EXCISE ARERAJ District- East Champaran ====================================================== Bhauli Raut @ Bhuali Raut @ Bhuwali Patel Son of Late Gaur Raut Resident of Village - Roopdih, P.S.- Turkauliya, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 22-12-2025 Heard learned counsel for the parties.

2. The petitioner is apprehending his arrest in Excice, Areraj P.S. Case No.130 of 2025, dated 06.08.2025, registered for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the FIR, 75 liters of country-made liquor were reportedly recovered from a plastic bag kept on the motorcycle of the petitioner bearing Registration No. BR05AT8886.

4. Learned counsel for the petitioner submits that the petitioner is entirely innocent and has been falsely implicated in the instant case merely on the basis of suspicion. It is submitted that although liquor was recovered from the motorcycle of the petitioner, he is in no way connected with the seized liquor. Further, there is no independent witness to the seizure, and the seizure list has been prepared in violation of the provisions of

Patna High Court CR. MISC. No.88385 of 2025(2) dt.22-12-2025 2/2 Section 103 of the BNSS. Lastly, it is submitted that the petitioner is an elderly man, aged about 80 years, and has no criminal antecedents.

5. Learned APP for the State opposed the prayer for grant of anticipatory bail.

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/ constructive possession of the petitioner, 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 Exclusive Special Excise Court No.02, East Champaran, Motihari in connection with Excise Areraj P.S. Case No.130 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, 2023.

(Ajit Kumar, J) shikha/- U T