Anil BaithaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16878 of 2026
                   Arising Out of PS. Case No.-121 Year-2025 Thana- NAUTAN District- West Champaran
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                 Anil Baitha S/o Devraj Baitha R/o Vill- Baira Parsawani, P.S.- Nautan, Distt-
                 West Champaran
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr.Sujeet Kumar
                 For the Opposite Party/s :       Mr.Ram Anurag Singh
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                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   25-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Nautan P.S. Case No.121 of 2025 registered for the offence

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

                                3. As per prosecution case, there is recovery of 50.140

                   liters of illicit foreign liquor from a motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence and he has

                   falsely been implicated in this case. Learned counsel for the

                   petitioner further submits that the petitioner was not

                   apprehended from the spot and no liquor has been recovered

                   from the conscious physical possession of the petitioner.

                   Learned counsel for the petitioner next submits that the search

                   and seizure memo is not signed by two independent witnesses.
          Patna High Court CR. MISC. No.16878 of 2026(2) dt.25-03-2026
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                                  5. The learned APP opposes the anticipatory bail

                    application.

                                  6. Considering the fact that the petitioner was not

                    apprehended from the spot and therefore, no liquor has been

                    recovered from the conscious physical possession of the

                    petitioner and also given the fact that the search and seizure

                    memo is not signed by two independent witnesses, which puts a

                    question mark on the legality and validity of the seizure itself,

                    this Court is inclined to grant privilege of anticipatory bail to the

                    petitioner.

                                  7. Accordingly, the petitioner above named, in the

                    event of his arrest or surrender before the learned Court below

                    within a period of six weeks, is directed to be released on

                    anticipatory bail on his furnishing bail-bonds in the sum of

                    Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like

                    amount each to the satisfaction of the learned Special Judge,

                    Excise, Bettiah, West Champaran in connection with -Nautan

                    P.S. Case No.121 of 2025, subject to the conditions laid down

                    under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.


                                             (Alok Kumar Sinha, J)

Prakash Narayan
U      T