Bihari Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7934 of 2026 Arising Out of PS. Case No.-90 Year-2025 Thana- PIPRIYA District- Lakhisarai ====================================================== Bihari Bhagat Son of Dhovi Bhagat R/o Village- Basauna, P.S.- Piparia, District- Lakhisarai ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-02-2026

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Piparia Police Station Case No. 90 of 2025, dated 19.10.2025, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, as per the First Information Report, is that the police got secret information that the petitioner, along with others, are manufacturing illicit liquor, in the Ganga diyara area, raided the place of occurrence and on seeing the police, three persons fled away. Upon search, the police recovered 140 liters of country made liquor.

Patna High Court CR. MISC. No.7934 of 2026(2) dt.17-02-2026 2/3

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case on the basis of disclosure of his name by the villagers. He next submits that illicit liquor has not been recovered from the premises belonging to him; rather, the same has been recovered from near the Ganga Diyara area, which is open space accessible to all and sundry.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that illicit liquor has not been recovered from the premises of the petitioner; rather, the same has been recovered from the Ganga Diyara area, which is open space accessible to all and sundry, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court, Lakhisarai, in connection with Piparia Police Station Case No. 90 of 2025, subject to the

Patna High Court CR. MISC. No.7934 of 2026(2) dt.17-02-2026 3/3 condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √