IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29394 of 2026 Arising Out of PS. Case No.-139 Year-2026 Thana- MUFFASIL District- West Champaran ====================================================== Bhikhari Chaudhary S/O Lalmohan Chaudhary R/O vill - Karnameya,, Ward no.- 7, P.S - Bettiah Muffasil, Dist- West Champaran, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashish Ranjan Garg Mr. Abhishek Raj Mr. Ankesh Kumar Sinha For the State : Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 07-05-2026 1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application for grant of anticipatory bail arises out of Bettiah Muffasil Police Station Case No. 139 of 2026, dated 28.03.2026, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act. 3. That the prosecution case, as per the First Information Report, is that on 27.03.2026, during night patrolling, the police received secret information that the petitioner along with other accused person are manufacturing and storing countrymade illicit liquor Patna High Court CR. MISC. No.29394 of 2026(2) dt.07-05-2026 2/4 in their house. Upon the information, the police party with the Mahal Chaukidar reached at the place of occurrence and saw two persons fleeing away after seeing the police party whose name was disclosed by local villagers and chaukidar as Bhikhari Choudhary (petitioner) and Munna Choudhary. On search of the house, about 52 litres of countrymade liquor, liquor- making equipment, gas cylinder, gas stove and other articles used for manufacturing liquor were recovered and seized. The police also destroyed about 250 litres of raw material used for preparation of liquor. 4. Learned counsel for the petitioner submits that the petitioner is having clean antecedent and has not committed any offence in the manner alleged. The petitioner has been made accused on the basis of disclosure of his name by the local chowkidar. He next submits that illicit liquor has not been recovered from conscious possession of the petitioner and/or premises belonging him and from perusal of the seizure list it would be evident that the place from where illicit liquor has been recovered is mentioned as village Kasmaiya Ward No. 07, which is not a specific Patna High Court CR. MISC. No.29394 of 2026(2) dt.07-05-2026 3/4 place, rather an open space accessible to all and sundry. He further submits that similarly situated co- accused Munna Kumar @ Munna Choudhary has been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 28069 of 2026. 5. Regards being had to the submission made by the parties and taking into consideration the fact that the petitioner is having no criminal antecedent, illicit liquor has been recovered from an open space accessible to all and sundry and similarly situated co- accused persons has been granted anticipatory bail by a Co-ordinate Bench of this Court, I am inclined to grant the petitioner privilege of anticipatory bail. 6. This application is, accordingly, allowed. 7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise 1st, Bettiah, in connection with Bettiah Muffasil Police Station Case No. 139 of 2026, subject to the condition laid down Patna High Court CR. MISC. No.29394 of 2026(2) dt.07-05-2026 4/4 under Section 438 (2) of the Code of Criminal Procedure. ashwani/- (Anil Kumar Sinha, J) U T