IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35088 of 2026 Arising Out of PS. Case No.-57 Year-2026 Thana- KUDHNI District- Muzaffarpur ====================================================== 1. Sunil Kumar S/o Jaidhari Rai R/o Village - Mankauli, P.S. - Fakuli, District - Muzaffarpur. 2. Raju Kumar S/o Rama Rai R/o Village - Mankauli, P.S. - Fakuli, District - Muzaffarpur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ravi Ranjan, Adv For the Opposite Party/s : Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 2 21-05-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in a case in connection with Kudhani P.S. Case No. 57 of 2026 dated 06.04.2026 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act. 3. As per the allegation on a public road, it has been alleged that persons were loading illicit liquor on a motorcycle, when the informant reached there, six persons present there started fleeing away, throwing down the sacks containing illicit liquor, and all of them ultimately succeeded in fleeing away. It has been alleged that the local chowkidar identified four persons Patna High Court CR. MISC. No.35088 of 2026(2) dt.21-05-2026 2/3 including these two petitioners who have fled away from the place of occurrence. While he did not identify the other two persons, a total quantity of 164.160 litres of foreign liquor was recovered from the sacks. 4. Learned counsel for the petitioners has submitted that, the petitioners were not apprehended at spot. It has further been submitted that none of the motorcycle belongs to the petitioners. It has further been submitted that the petitioners have been named by a local chowkidar who is on inimical terms with the petitioners. It has been further submitted that the search and seizure were carried out in violation of section 105 of the B.N.S.S. It has lastly been submitted that petitioner no.1 has got no criminal antecedent, while petitioner no.2 has been made accused in a case of similar nature but he is on bail in that case. 5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners. 6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned court Patna High Court CR. MISC. No.35088 of 2026(2) dt.21-05-2026 3/3 concerned, in connection with Kudhani P.S. Case No. 57 of 2026, subject to conditions as laid down under section 482(2) of the B.N.S.S. 7. The application stands allowed. niku/rajesh/- (Praveen Kumar, J) U T