Patna High CourtCR. MISC./38296/2026dismissed

Subhash Mukhiya v. The State Of Bihar

2026-06-17Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38296 of 2026 Arising Out of PS. Case No.-178 Year-2026 Thana- BAIRIYA District- West Champaran ====================================================== Subhash Mukhiya S/o Late Nanak Mukhiya R/o Village - Baluwa Rampurwa, Ward no. 17, P.S. - Bairiya, Dist. - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap For the Opposite Party/s :

Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-06-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends arrest in connection with Bairiya P.S. Case No. 178 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. It is alleged that 5 liters of illicit country-made liquor was recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the alleged recovery was made in the absence of the petitioner and the petitioner has a clean antecedent.

5. Considering the fact that illicit liquor has been recovered from the house of the petitioner, this Court is not inclined to extend the privilege of anticipatory bail to the

Patna High Court CR. MISC. No.38296 of 2026(2) dt.17-06-2026 2/2 petitioner.

6. Accordingly, the application for anticipatory bail stands dismissed.

7. However, the petitioner is granted liberty to surrender before the concerned Court within two weeks and seek regular bail.

8. In the event the petitioner surrenders and files an application for regular bail within the aforesaid period, the learned Special Judge shall consider, inter alia, the fact that only 5 liters of illicit country-made liquor is alleged to have been recovered from the petitioner's house and such recovery was effected in the absence of the petitioner and will thereafter pass an appropriate order in accordance with law.

(Sandeep Kumar, J) Shishir/- U T