Anticipatory bail sought in an excise FIR alleging illegal manufacture/trade of liquor with seizure of 49.02 litres. The court noted the recovery did not prima facie appear to be from the petitioner's physical possession and granted conditional anticipatory bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42904 of 2026
Arising Out of PS. Case No.-71 Year-2026 Thana- BAIRIYA District- West Champaran
======================================================
Saheb Mukhiya, S/o Surendra Mukhiya @ Kapildeo Mukhiya, R/o Vill.Baira Parsauni, P.S.- Nautan, Distt.- West champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance :
For the Petitioner/s : Mr. Niraj Kumar Sharma, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
2 02-07-2026
Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
the petitioner that the seized illicit liquor was recovered near
the Samadhawa Canal, which is an open place accessible to
Patna High Court CR. MISC. No.42904 of 2026(2) dt.02-07-2026 2/3
the general public and, therefore, it cannot be said that the alleged recovery was made from the conscious possession of the petitioner. It is further submitted that seizure list also appears doubtful being not supported by independent witnesses rather than by police personnel. It is also pointed out that the name of the petitioner surfaced solely on the disclosure made by a local Chaukidar. The petitioner claimed clean antecedent.
Patna High Court CR. MISC. No.42904 of 2026(2) dt.02-07-2026 3/3
Champaran in connection with Bairiya P.S. Case No.71 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.)
Raushan/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner named in the FIR for illegal liquor trade despite recovery of 49.02 litres of illicit liquor not prima facie from his physical possession.
3 provisions across 3 enactments
Saheb Mukhiya
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
