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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41081 of 2026 Arising Out of PS. Case No.-122 Year-2026 Thana- KOTWA District- East Champaran ====================================================== Birapan Yadav Son of Indrajit Yadav Resident of village - Koergawan, P.S.- Kotwa, District - East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 06-07-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, total 30 liters illicit liquor was recovered from the seized Scorpio vehicle bearing registration no. HR29BG2746, 12 liters illicit liquor was recovered from the house of co-accused Bigni Devi and 8.640 liters illicit liquor was recovered from the seized scooty.
4. Learned counsel for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner. Petitioner is neither driver nor owner of the seized vehicles in question. Petitioner has got no concern with the alleged recovery and he has been made
Patna High Court CR. MISC. No.41081 of 2026(2) dt.06-07-2026 2/2 accused in this case only on suspicion. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for bail of the petitioner and submitted that petitioner has got two criminal antecedents of similar nature.
6. Considering huge quantity of recovery and criminal antecedents of similar nature, prayer for anticipatory bail of the petitioner is refused.
Navya/- (Prabhat Kumar Singh, J) U T