Sonu PaswanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34007 of 2026
                          Arising Out of PS. Case No.-41 Year-2026 Thana- SIMRI District- Buxar
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                 Sonu Paswan S/O Late Suresh Paswan R/O Village- Balihar, P.S.- Simri,
                 Distt.- Buxar.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr.Arun Kumar Gupta, Adv.
                 For the Opposite Party/s :        Mr.Dr. Ajeet Kumar, APP
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                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   21-05-2026             Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State through virtual mode.

                           2. The petitioner is apprehending his arrest in connection

                   with Simri P.S. Case No. 41 of 2026 dated 17.02.2026 registered

                   for the offence punishable under Section/s 30(a) of the Bihar

                   Prohibition and Excise Amendment Act, 2022.

                           3. As per the prosecution case, the Police have recovered

                   total 10 liters of illicit country-made liquor from the place of

                   occurrence.

                           4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence as alleged

                   in the F.I.R. It is submitted that the recovery of alleged liquor

                   has been made from the open place which is accessible to one

                   and all and the said place is in no way connected with the
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          petitioner. The petitioner has also no concern with the alleged

          seized article. It is further submitted that the name of the

          petitioner has transpired in this case on the basis of his criminal

          antecedent in which he is already on bail.

                  5. Learned APP for the State opposes the prayer for grant

          of anticipatory bail.

                  6. Having heard learned counsel for the parties and

          considering the fact that the seizure was made from an open

          place accessible to the general public and that the seized article

          is in no way connected with the petitioner, let the petitioner,

          above named, be released on anticipatory bail in the event of his

          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.2, Buxar in connection with Simri P.S. Case No. 41 of 2026,

          subject to the condition as laid down under Section 482(2) of

          the B.N.S.S. as well as the following conditions:

                  (i)   One      of    the    bailors     should   be   the   family

          member/relative/known of the petitioner(s) who shall provide

          official document / personal affidavit to show his/her bona fide;

                  (ii) the petitioner(s) shall appear on each and every date
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                        before the Trial Court and failure to do so for two consecutive

                        dates without plausible reason will entail cancellation of his bail

                        bond by the Trial Court itself;

                                (iii) the petitioner(s) shall in no way try to induce or

                        promise or threat the witnesses or tamper with the evidences,

                        failing which the State shall be at liberty to take steps for

                        cancellation of the bail bonds.



                                                                             (Ajit Kumar, J)
rishi/-

U         T