Kunal Kumar SinghversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44923 of 2026
                    Arising Out of PS. Case No.-87 Year-2026 Thana- SIDHWALIYA District- Gopalganj
                 ======================================================
                 Kunal Kumar Singh, son of Satya Narayan Singh, Resident of village-
                 Nimum, P.S.- Mashrakh, Dist- Saran (Chapra).
                                                                       ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                                ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Deepak Kumar, Advocate
                 For the Opposite Party/s :       Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   08-07-2026                  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 Sidhwaliya P.S.

                   Case No.87 of 2026 registered under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 7.020 liters of IMFL/country-made liquor from a

                   Dhaba and 40125 liters of IMFL/country-made liquor from a

                   bullet motorcycle.

                                4.     It is submitted by learned counsel appearing

                   for the petitioner that the recovery of alleged illicit liquor was
Patna High Court CR. MISC. No.44923 of 2026(2) dt.08-07-2026
                                            2/3




          not made from conscious physical possession of this

          petitioner rather same was recovered from a bullet

          motorcycle bearing Registration No. UP 17P 8337 standing

          on dhaba. It is further submitted that the recovery of alleged

          illicit liquor was made from dhaba also, which belongs to the

          petitioner. It is further submitted that the dhaba, from

          where, alleged illicit liquor was recovered is accessible to

          general public and it was not in exclusive control of the

          petitioner. It is submitted that the motorcycle from where

          alleged illicit liquor was recovered not belongs to this

          petitioner. The petitioner claimed clean antecedent.

                       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 physical possession of this

          petitioner, accordingly, the petitioner, above-named, who is

          a man of clean antecedent, 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
          Patna High Court CR. MISC. No.44923 of 2026(2) dt.08-07-2026
                                                      3/3




                    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 Excise Court No.-1, Gopalganj in

                    connection with Sidhwaliya P.S. Case No.87 of 2026, 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