Arun MukhiyaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36829 of 2026
                   Arising Out of PS. Case No.-70 Year-2019 Thana- GOVERNMENT OFFICIAL COMP.
                                                   District- Madhubani
                 ======================================================
                 Arun Mukhiya, Son of Upendra Mukhiya, Resident of Village-Mangrauni,
                 P.S.- Rajnagar, District- Madhubani
                                                                         ... ... Petitioner
                                                     Versus
                 The State of Bihar
                                                                  ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Jitendra Kumar Bharti, Advocate
                 For the Opposite Party/s :    Ms. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   17-06-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with G.O. Case No.70 of

                   2019 registered under Section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2018.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 36 liters of IMFL/country-made liquor.

                                4. It is submitted that the recovery of illicit liquor

                   was made from the cattle house, which is joint family property

                   of the petitioner. It is submitted that the said cattle house is an

                   open place and accessible by any one and, therefore, it can be

                   safely said that the recovery was not made from conscious
          Patna High Court CR. MISC. No.36829 of 2026(2) dt.17-06-2026
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                    physical possession of this petitioner. While explaining criminal

                    antecedent, it is submitted that the petitioner found involved in

                    three more criminal cases, where he is on bail.

                                 5. Learned APP opposed the prayer of anticipatory

                    bail to the petitioner.

                                 6. In view of aforesaid factual submissions and by

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

                    appears to be made from conscious physical possession of this

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

                    event of his arrest or surrender in the court below within a

                    period of four weeks from today, is directed to be released on

                    bail on 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,

                    Madhubani in connection with G.O. Case No.70 of 2019,

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

                    the CrPC/under Section 482(2) of the BNSS.


                                                               (Chandra Shekhar Jha, J.)
    Sanjeet/-

U     T