Satya Prakash Pande v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40995 of 2026 Arising Out of PS. Case No.-15 Year-2026 Thana- KHAJAULI District- Madhubani ====================================================== Satya Prakash Pande s/o Kaushal Kishor Pande Resident of Village- Minapur, P.S- Minapur, District- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Piyush Parasar, Advocate For the Opposite Party :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-06-2026 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 Khajauli P.S. Case No.15 of 2026 registered under Sections 274, 275, of Bharatiya Nyaya Sanhita (in short 'BNS', 2023) and 30(a) of Bihar Prohibition and Excise Act.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 405 litres of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing for the petitioner that the name of petitioner arrayed solely for

Patna High Court CR. MISC. No.40995 of 2026(2) dt.25-06-2026 2/3 the reason that he is the registered owner of car. It is also submitted that petitioner has already sold his car to one, Mr. Saddam Hussain, by virtue of a Sale deed dated 14.12.2025. It is also submitted that recovery of illicit liquor was not made from conscious possession of this petitioner. It is further argued that no independent witness was associated with the search and seizure list and the seizure witnesses were police personnel themselves. 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

Patna High Court CR. MISC. No.40995 of 2026(2) dt.25-06-2026 3/3 learned Court of Exclusive Special Judge, Excise, Madhubani, in connection with Khajauli P.S. Case No.15 of 2026, 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