Bhupen Uraon @ Bhupen Uraw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41011 of 2026 Arising Out of PS. Case No.-575 Year-2021 Thana- KHAJANCHI HAT District- Purnia ====================================================== Bhupen Uraon @ Bhupen Uraw, S/o Late Rasik Lal Uraon, Resident of Village- Janta Chowk Court Station near Gumati No. 3, Ward No. 18, P.S.-K. Hat, Distt.- Purnea.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sumit Kumar Bhagat, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh-I, 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 K.Hat P.S. Case No.575 of 2021 registered under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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

4. It is submitted by learned counsel appearing for petitioner that the seized liquor was recovered from the

Patna High Court CR. MISC. No.41011 of 2026(2) dt.25-06-2026 2/3 house of the petitioner. It is further argued that Section 103(4) of BNSS has not been complied with qua search of premises, inasmuch as no independent witness was associated with the search and seizure list and the seizure witnesses were police personnel themselves. It is submitted that nothing has been recovered from the conscious possession of the petitioner. The 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 of note of fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, accordingly, the petitioner, above-named, who is a man of clean antecedent, 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 Exclusive Special Judge, Excise-I, Purnea in

Patna High Court CR. MISC. No.41011 of 2026(2) dt.25-06-2026 3/3 connection with K.Hat P.S. Case No.575 of 2021, 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.) Raushan/- U T