Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38215 of 2026 Arising Out of PS. Case No.-10 Year-2026 Thana- Khawaspur District- Bhojpur ====================================================== 1.

Chandan Singh S/o Visheshwar Singh @ Vijeshwar Singh, 2.

Supan Mallah @ Supan Chaudhary, S/o Jagpal Chaudhary Both are R/o Village-Piprapanti, P.S.- Krishnagarh, Distt.- Bhojpur ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Niraj Kumar Singh, Advocate For the Opposite Party/s :

Mrs. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-06-2026 The defect as pointed out by the office may be ignored for the present.

2. Both accused/petitioners are named in the FIR and apprehending their arrest in connection with Khwaspur P.S. Case No.10 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Allegation against the petitioners is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 636 liters of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing for petitioner that the name of petitioners has transpired in

Patna High Court CR. MISC. No.38215 of 2026(2) dt.09-06-2026 2/3 connection with the present recovery of illicit liquor on the basis of disclosure made by apprehended co-accused persons. It is submitted that admittedly the recovery was not made from conscious physical possession of the petitioners, Explaining criminal antecedent, it is submitted that petitioner no.1 found involved in one more criminal case, where he is on bail and petitioner no.2 claimed clean antecedent.

5. Learned APP opposed the prayer of anticipatory bail to the petitioners.

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 conscious physical possession of these petitioners, accordingly, both petitioners, abovenamed, in the event of their arrest or surrender in the court below within a period of four weeks from today, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, Bhojpur at Ara in connection with Khwaspur P.S. Case No.10 of 2026, subject to the

Patna High Court CR. MISC. No.38215 of 2026(2) dt.09-06-2026 3/3 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