Uttimlal Khatawe @ Uttimlal ChaupalversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36741 of 2026
                    Arising Out of PS. Case No.-91 Year-2026 Thana- PHULPARAS District- Madhubani
                 ======================================================
                 Uttimlal Khatawe @ Uttimlal Chaupal S/O Ghuran Khatawe Resident of
                 Village- Parsa, Ward no. 2, P.S- Ghoghardiha, District- Madhbani.
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar.                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Baleshwar Kamat, Advocate
                 For the Opposite Party/s :      Ms.Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   08-06-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and learned Additional Public Prosecutor appearing on

                   behalf of the State.

                                2. The accused/petitioner is named in FIR and

                   apprehending his arrest in connection with Phulparas P.S. Case

                   No.    91 of 2026 registered for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise (Amendment)

                   Act, 2016.

                                3. The allegation against the petitioner is to be

                   engaged in illegal trading/manufacturing of illicit liquor, where,

                   there is recovery of 16.170 litres of IMFL/country made liquor

                   from the motorcycle.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that admittedly the recovery of illicit liquor

                   was not made from physical possession of this petitioner. It is
              Patna High Court CR. MISC. No.36741 of 2026(2) dt.08-06-2026
                                                          2/2




                        pointed out that the seizure list appears doubtful being not

                        supported by independent witnesses. Petitioner claimed clean

                        antecedent.

                                     5. Learned APP opposed the prayer of bail.

                                     6. In view of aforesaid factual submission and by

                        taking note of fact as recovery of illicit liquor prima facie not

                        appears to be made from the conscious physical possession of

                        this petitioner, who is a man of clean antecedent, accordingly,

                        above named petitioner, in the event of his arrest or surrender

                        before the learned trial Court, within a period of four weeks of

                        the order, is directed to be released on bail furnishing bail bond

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

                        like amount each to the satisfaction of the learned Exclusive

                        Special       Judge        Excise       Act,         Jhanjharpur,   District-

                        Madhubani/concerned Court, where the case is pending in

                        connection with Phulparas P.S. Case No. 91 of 2026, subject to

                        the conditions as laid down under Section 482(2) of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T