Narendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40088 of 2026 Arising Out of PS. Case No.-93 Year-2025 Thana- KIUL District- Lakhisarai ====================================================== Narendra Kumar, Son of Ram Lakhan Modi, Resident Of Village - Basmatiya, Ps Kiul, Dist- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-06-2026 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 Kiul P.S. Case No.93 of 2025 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 45 liters of IMFL/country-made liquor from tanker.

4. It is submitted by learned counsel appearing for the petitioner that the recovery of alleged liquor was made

Patna High Court CR. MISC. No.40088 of 2026(2) dt.22-06-2026 2/3 from tempo, which is a public carrier, and therefore, it can be safely said that the recovery was not made from conscious physical possession of this petitioner, who is a man of clean antecedent. It is also submitted that the seizure list appears disputed being not supported by independent witnesses rather by police personnel.

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

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 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 Addl. District and Sessions Judge- VII -cumExclusive Special Excise Court, Lakhisarai, in connection with Kiul P.S. Case No.93 of 2025, subject to the conditions as

Patna High Court CR. MISC. No.40088 of 2026(2) dt.22-06-2026 3/3 laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J) aniket/- U T