IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48242 of 2026 Arising Out of PS. Case No.-208 Year-2026 Thana- PANAPUR District- Saran ====================================================== Lalbabu Rai @ Lal Babu Prasad Yadav, S/o Late Bihari Rai, R/o Village- Basahiya, P.S.- Panapur, Dist.- Saran at Chapra. ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s : Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 10-07-2026 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 Panapur P.S. Case No.208 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 450 liters of IMFL/illegal spirit. 4. It is submitted by learned counsel appearing for petitioner that the petitoner has been implicated with this case solely on the disclosure made by the local villagers. It is also submitted that the recovery of illicit liquor was made Patna High Court CR. MISC. No.48242 of 2026(2) dt.10-07-2026 2/3 from a thached shed (palani), which is an open place and accessible by general public. It is further submitted that the requirement of Section 103(4) of the BNSS has not been complied with, inasmuch as no independent witness was associated with the search and seizure list and the seizure witnesses were police personnel themselves. 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 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 Judge-2, Saran at Chapra in connection with Panapur P.S. Case No.208 of 2026, subject Patna High Court CR. MISC. MISC. No.48242 of 2026(2) dt.10-07-2026 3/3 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