Manish KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36605 of 2026
                  Arising Out of PS. Case No.-122 Year-2026 Thana- EXCISE SHERGHATI District- Gaya
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                 Manish Kumar Son of Arjun Malakar Resident of Village - Gola Bazar, P.S.-
                 Sherghati, Distt.- Gaya
                                                                            ... ... Petitioner
                                                Versus
                 The State of Bihar
                                                                     ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Vijay Kumar, Advocate
                 For the Opposite Party/s :      Mr.Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   08-06-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Excise Sherghati P.S.

                   Case No. 122 of 2026 registered for the offences punishable

                   under Sections 30(a) and 32(3) of the Bihar Prohibition and

                   Excise Act.

                             3. The allegation against the petitioner is to have in

                   possession of 54.750 litres of illicit liquor and engaged in illegal

                   trading/manufacturing of illicit liquor.

                             4. Learned counsel appearing on behalf of the petitioner

                   submitted that petitioner is not connected with the alleged

                   seized motorcycle in any manner, which was said to be used in

                   carrying of illicit liquor. It is submitted that admittedly recovery

                   of illicit liquor was not made from conscious physical
           Patna High Court CR. MISC. No.36605 of 2026(2) dt.08-06-2026
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                     possession of this petitioner. While concluding argument, it is

                     submitted that petitioner found involved in three criminal cases,

                     in which he is on bail.

                              5. Learned A.P.P. for the State has opposed the prayer for

                     anticipatory bail of the petitioner.

                              6. In view of the aforesaid factual submissions and by

                     taking note of the fact as recovery of illicit liquor prima-facie

                     not appears to be made from conscious physical possession of

                     this petitioner, accordingly, above-named petitioner, in the event

                     of his arrest/surrender within a period of four weeks from this

                     order, is directed to be enlarged on bail on furnishing of bail

                     bond of Rs.10,000/- (ten thousand only) with two sureties of the

                     like amount each to the satisfaction of learned Exclusive Special

                     Excise Court No. 3, Gaya/concerned court in connection with

                     Excise Sherghati P.S. Case No. 122 of 2026, subject to the

                     conditions as laid down under Section 438(2) of the

                     Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita

                     (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T