Madan Kumar @ Madan Murari @ Madan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11446 of 2026 Arising Out of PS. Case No.-335 Year-2025 Thana- MINAPUR District- Muzaffarpur ====================================================== Madan Kumar @ Madan Murari @ Madan Sahani S/o Gagandev Sahani R/o - Kalyanpur, Repura, Bishunpur Keso Kishunpurkant, P.S -Minapur, District - Muzaffarpur, Pin - 843109 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhuti Kumar, Adv.

For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 17-02-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Minapur P.S. Case No. 335 of 2025 Dated 13.08.2025, registered for the offence punishable under Section/s 329(3)(4) of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. As per the prosecution case, the police has recovered total 218.97 liters of illicit foreign liquor from the hut.

4. Learned counsel for the petitioner submits that the recovery is said to have been made from the hut, which belongs to a widow lady namely Daulat Devi, who has not been made accused in this case. It is next submitted that the place of occurrence does not belong to the petitioner and the petitioner is

Patna High Court CR. MISC. No.11446 of 2026(2) dt.17-02-2026 2/2 in no way connected with the alleged seized liquor. Lastly, it is submitted that the petitioner is a person of clean antecedent.

5. Learned APP for the State opposes the prayer for grant of anticipatory bail.

6. Regard being had to the submissions made by the parties and taking into account the fact that the alleged hut, from where the alleged recovery is said to have been made, does not belong to the petitioner as also the petitioner is a person of clean antecedent, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, let the petitioner, above named, be released on anticipatory bail in the event of his arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court I, Muzaffarpur in connection with Minapur P.S. Case No. 335 of 2025, subject to the condition as laid down under Section 482(2) of the B.N.S.S. (Ajit Kumar, J) rishi/- U T