IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43527 of 2026 Arising Out of PS. Case No.-132 Year-2026 Thana- DARBHANGA SADAR District- Darbhanga ====================================================== Gorakh Yadav, S/o- Tannu Yadav @ Tanuk Yadav, R/o Village- Ekvinda, P.S.- Sadar, Dist- Darbhanga ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Baidyanath Prasad, Advocate For the Opposite Party/s : Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 03-07-2026 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 his arrest in connection with Sadar P.S. Case No.132 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 304.5 litres of IMFL/country-made liquor. 4. It is submitted by learned counsel appearing for the petitioner that the seized illicit liquor was recovered from Patna High Court CR. MISC. No.43527 of 2026(2) dt.03-07-2026 2/3 a Canal behind the house of the petitioner. Being an open place, it is accessible to the general public and, therefore, it cannot be said that the alleged recovery was made from the conscious possession of the petitioner. It is further submitted that seizure list also appears doubtful being not supported by independent witnesses rather than by police personnel. The petitioner has one criminal antecedent, in which, he is on bail. 5. Learned APP opposed the prayer of anticipatory bail to the petitioner. 6. In view of aforesaid factual submissions and by taking note of fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, 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 learned Exclusive Special, Excise Court-1, Darbhanga in connection with Sadar P.S. Case No.132 of Patna High Court CR. MISC. No.43527 of 2026(2) dt.03-07-2026 3/3 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS. Raushan/- (Chandra Shekhar Jha, J.) U T