IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44923 of 2026 Arising Out of PS. Case No.-87 Year-2026 Thana- SIDHWALIYA District- Gopalganj ====================================================== Kunal Kumar Singh, son of Satya Narayan Singh, Resident of village- Nimum, P.S.- Mashrakh, Dist- Saran (Chapra). ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 08-07-2026 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 Sidhwaliya P.S. Case No.87 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise Act. 3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 7.020 liters of IMFL/country-made liquor from a Dhaba and 40125 liters of IMFL/country-made liquor from a bullet motorcycle. 4. It is submitted by learned counsel appearing for the petitioner that the recovery of alleged illicit liquor was Patna High Court CR. MISC. No.44923 of 2026(2) dt.08-07-2026 2/3 not made from conscious physical possession of this petitioner rather same was recovered from a bullet motorcycle bearing Registration No. UP 17P 8337 standing on dhaba. It is further submitted that the recovery of alleged illicit liquor was made from dhaba also, which belongs to the petitioner. It is further submitted that the dhaba, from where, alleged illicit liquor was recovered is accessible to general public and it was not in exclusive control of the petitioner. It is submitted that the motorcycle from where alleged illicit liquor was recovered not belongs to this petitioner. The petitioner claimed clean antecedent. 5. Learned APP opposed the prayer of anticipatory bail to the petitioner. 6. In view of aforesaid factual submissions and by taking of 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, who is a man of clean antecedent, 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 Patna High Court CR. MISC. No.44923 of 2026(2) dt.08-07-2026 3/3 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 No.-1, Gopalganj in connection with Sidhwaliya P.S. Case No.87 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS. Sanjeet/- (Chandra Shekhar Jha, J.) U T