IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33965 of 2026 Arising Out of PS. Case No.-67 Year-2026 Thana- SRINAGAR District- West Champaran ====================================================== Subhash Kumar @ Subhash Mukhiya S/o Late Chokat Mukhiya Resident of Village- Siswa Mangalpur, ward no. 12, P.S.- Srinagar, District- West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Niraj Kumar Sharma, Adv. For the Opposite Party/s : Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 21-05-2026 Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the State through virtual mode. 2. The petitioner is apprehending his arrest in connection with Srinagar P.S. Case No. 67 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per prosecution case, altogether 82.88 liters of illicit liquor has been recovered from two different places. 4. Learned counsel for the petitioner submits that petitioner is innocent, has committed no offence and has falsely been implicated in the present case. It is submitted that recovery is made from two different open places which is accessible to all. Petitioner has four antecedents but not akin to the instant Patna High Court CR. MISC. No.33965 of 2026(2) dt.21-05-2026 2/3 case in which he is on bail and undertakes to cooperate with the investigation. It has further been submitted that the petitioner is in no way related to seized liqour. The name of petitioner has been transpired in this case on the basis of statement made by local chowkidar. Police have not followed the Section 103 and 105 of BNSS while making the seizure list. 5. Learned APP for the State opposes the prayer for anticipatory bail application. 6. Considering the aforesaid facts and circumstances and that the recovery is made from an open place, petitioner is not connect with the seized liqour and there is violation of Section 103 and 105 of BNSS, this Court is inclined to grant the privilege of anticipatory bail to the petitioner. 7. Let the petitioner, above named, in the event of his/her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court-II, Bettiah at West Champaran in connection with Srinagar P.S. Case No. 67 of 2026, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Patna High Court CR. MISC. No.33965 of 2026(2) dt.21-05-2026 3/3 Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/personal affidavit to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. Abhishek/- (Ajit Kumar, J) U T