Subhash KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11422 of 2026
                   Arising Out of PS. Case No.-171 Year-2025 Thana- KRISHNAGARH District- Bhojpur
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                 Subhash Kumar Son of Dharam Nath Mehta Resident of Village-
                 Mubarakpur, P.S.- Shahpur, District- Bhojpur at Ara
                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Dharmesh Kumar Shrivastava, Advocate
                 For the Opposite Party/s:      Mr. Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   17-02-2026                      Heard learned counsel for the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Krishnagarh P.S. Case No.171 of 2025, F.I.R

                   dated 12.12.2025, registered for the offences punishable under

                   Sections 30(a) of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, a total of 60.480 litres

                   of foreign liquor is alleged to have been recovered from a car

                   bearing Registration No. BR-1PB-5868. It is further alleged that

                   124.840 litres of liquor was recovered from the house of the co-

                   accused, namely Ram Ratan Kumar.

                                4. Learned counsel for the petitioner submits that

                   although the petitioner is the registered owner of the vehicle in

                   question, the same had been given to the apprehended co-

                   accused, namely Ram Ratan Kumar, who is his co-villager, for

                   his personal use. It is contended that the said co-accused has

                   misused the vehicle without the knowledge or consent of the
             Patna High Court CR. MISC. No.11422 of 2026(2) dt.17-02-2026
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                       petitioner. It is further submitted that the alleged recovery of the

                       seized liquor is said to have been made from the said vehicle

                       while it was standing at the place of occurrence. Lastly, it is

                       submitted that the petitioner has no criminal antecedents.

                                    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 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-I, Bhojpur at Ara in

                       connection with Krishnagarh P.S. Case No.171 of 2025, subject

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

                       B.N.S.S., 2023.


                                                                     (Ajit Kumar, J)
shikha/-
U        T