Babulal Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45509 of 2026 Arising Out of PS. Case No.-170 Year-2025 Thana- KUTUMBA District- Aurangabad ====================================================== Babulal Bhuiyan Son of Banshi Bhuiyan @ Late Vansha Bhuiyan Resident of Village - Khaira Barwadih, P.S.- Kutumba, District - Aurangabad (Bihar). ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Birendra Kumar Singh, Advocate For the Opposite Party :

Mr. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-07-2026 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 her arrest in connection with Kutumba P.S. Case No.170 of 2025 registered under Sections 30(a) and 30(c) of Bihar Prohibition and Excise (amended) Act, 2022.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 50 litres of IMFL/country-made liquor.

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

Patna High Court CR. MISC. No.45509 of 2026(2) dt.08-07-2026 2/3 the name of petitioner arrayed solely for the reason that petitioner is the owner of the said house where alleged recovery of liquor was made. It is also submitted that petitioner was not present at the spot and it can be safely said that recovery of illicit liquor was not made from conscious possession of this petitioner. It is further submitted that the seizure list also appears doubtful being not supported by independent witnesses rather than by police personnel. 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.45509 of 2026(2) dt.08-07-2026 3/3 learned District and Additional Sessions Judge-cumExclusive Special Judge, Excise Court No. 1, Aurangabad, in connection with Kutumba P.S. Case No.170 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) Aniket/- U T