Subedar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32791 of 2026 Arising Out of PS. Case No.-976 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Subedar Singh S/O - Late Shayam Narayan Singh R/O vill - Jamaniya, P.S - Jamaniya,Dist- Gazipur(U.P) ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Kiran Kumari Sharma, Advocate For the Opposite Party :
Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-07-2026 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 Bhabhua P.S. Case No.976 of 2025 registered under Section 30(a) of Bihar Prohibition and Excise ( Amendment) Act, 2022.
3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 55.245 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for the petitioner that the recovery of alleged illicit liquor was made from a motorcycle bearing Registration No. UP 61L
Patna High Court CR. MISC. No.32791 of 2026(3) dt.06-07-2026 2/3 9017. It is also submitted that name of petitioner arrayed solely for the reason that petitioner is the owner of the said vehicle which was involved in carrying illegal consignment of liquor. It is further submitted that recovery of illicit liquor was not made from conscious possession of this petitioner. It is further argued that the seizure list also appears doubtful being not supported by independent witnesses rather than by police personnel. 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 note of the fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, who is a man of clean antecedent, 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 Special Exclusive Judge Excise- I, Kaimur at
Patna High Court CR. MISC. No.32791 of 2026(3) dt.06-07-2026 3/3 Bhabhua, in connection with Bhabhua P.S. Case No.976 of 2025, 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.) Aniket/- U T