Chandrakant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44895 of 2026 Arising Out of PS. Case No.-415 Year-2026 Thana- BIHTA District- Patna ====================================================== Chandrakant Kumar S/o Ramesh Prasad @ Ramesh Ram @ Ramesh Ray Resident of Village- Maudahi, P.S.- Bihta, District- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Satish Chandra, Advocate For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection with Bihta P.S. Case No. 415 of 2026 registered for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to involve in illegal trading/manufacturing of illicit liquor. It is alleged that total 17.500 liters of IMFL foreign liquor was recovered from the under-constructed house.

4. Learned counsel appearing on behalf of the petitioner submitted that the aforesaid illicit liquor has been recovered from the under-constructed house, which is joint house, where petitioner was not living in the house. It is further submitted that the seizure list has been prepared in presence of two police

Patna High Court CR. MISC. No.44895 of 2026(2) dt.08-07-2026 2/2 constrable, who were not the independent witnesses. It is submitted that nothing recovered from conscious physical possession. While concluding argument, it is submitted that petitioner found involved in one more criminal case, in which he is on bail.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. In view of the 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, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Danapur, Patna/concerned court in connection with Bihta P.S. Case No. 415 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S."). (Chandra Shekhar Jha, J) Rajeev/- U T