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2025 Supreme(Online)(Pat) 3876

PATNA HIGH COURT
PURNEINDU SINGH, J
Madan Kumar Yadav @ Madan Rai – Appellant
Versus
The State Of Bihar – Respondent


Advocates:
For the Appellants/Petitioners: Mr.Prasoon Kumar
For the Respondents: Ms.Pushpa Sinha, APP

2 17-12-2025 Heard Mr. Prasoon Kumar, learned counsel appearing on behalf of the petitioner and Ms. Pushpa Sinha, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Excise P.S. Case No. 1391/2025 registered for the offence(s) punishable under Section 30(a) of the Bihar Prohibition and Excise Act .

3. As per the allegation made in the FIR, 126 litres of illicit liquor was recovered from a field.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. He further submitted that recovery of illicit liquor has been made from a field, which is an open space and is easily accessible by anyone. Petitioner has no concern either with the place of recovery or with the alleged recovered liquor.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR and also the fact that recovery of illicit liquor has been made from a field, which is easily accessible by anyone, I am of the opinion that petitioner has, prima

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