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2026 DAILYLAW 10073 (PAT)

Jhunnu Mushar v. The State of Bihar

CR. MISC./16927/2026 · 2026-03-25

Alok Kumar Sinha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16927 of 2026 Arising Out of PS. Case No.-108 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Buxar ====================================================== Jhunnu Mushar son of Vakil Mushar Resident of village- Harpur Mushar Toli, Ward No 6, PS- Itarhi District -Buxar ... ... Petitioner/s Versus The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Arvind Kumar Pradhan For the Opposite Party/s : Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 2 25-03-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehend his arrest in connection with FIR Case No. 108(O) of 2020, registered for the offences punishable under Section 30(a)/30(c) of the Bihar Prohibition & Excise (Amendment) Act, 2018. 3. As per allegation, a total of 500 liters of distilled liquor and 10 liters of illicit liquor were recovered from the house of the petitioner. 4. The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated. Nothing has been recovered from his conscious physical possession. He is a person of clean antecedent. Patna High Court CR. MISC. No.16927 of 2026(2) dt.25-03-2026 2/3 5. On the other hand, the learned APP for the State has opposed the prayer for bail. 6. Considering the fact that the petitioner was not apprehended on the spot and therefore no recovery has been made from his conscious physical possession and also taking notice of the fact that the petitioner has no criminal antecedent, I am inclined to grant privilege of anticipatory bail to the petitioner. 7. Let the petitioner, as named above, in the event of his arrest or surrender within four weeks from today, be enlarged 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 learned Ex. Spl. Excise Court No. 2, Buxar in connection with FIR Case No. 108(O) of 2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to further condition that :- (i) The petitioner shall co-operate in the investigation/ trial. (ii) The learned Court below would, however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Patna High Court CR. MISC. No.16927 of 2026(2) dt.25-03-2026 3/3 Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. kundan/- (Alok Kumar Sinha, J) U T