IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50189 of 2026 Arising Out of PS. Case No.-560 Year-2026 Thana- GARKHA District- Saran ====================================================== Guddu Bharti @ Kanhaiyalal Bharti S/o Santosh Bharti @ Santosh Kumar Bharti R/o Village - Akhituarpur, P. S. - Garkha, District - Saran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hemant Kumar, Advocate For the Opposite Party/s : Dr. Mrityunjaya Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 2 29-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his arrest in connection with Garkha P.S. Case No. 560 of 2026 dated 12.05.2026 for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act. 3. As per the allegation, 8.64 liters foreign liquor and 12 liters of beer, totaling of 23.7 liters of foreign liquor was recovered. 4. Learned counsel for the petitioner has submitted that the alleged recovery has been made from the backside of the house and which is an open space accessible to all and was not found inside the room. It has further been submitted that the procedure prescribed under Section 103/105 of BNSS has not Patna High Court CR. MISC. No.50189 of 2026(2) dt.29-07-2026 2/2 been followed. It has further been submitted that nothing has been recovered from the conscious possession of the petitioner. It has lastly been submitted that the petitioner has got no criminal antecedent. 5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. 6. Heard the learned counsel for the parties and perused the records. 7. Considering the aforesaid facts and circumstances of the case as well as the material available on record, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory 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 Additional Sessions Judge Cum Exclusive Special Court Excise Act-I, Saran at Chapra in connection with Garkha P.S. Case No. 560 of 2026, subject to conditions as laid down under section 482(2) of the B.N.S.S. 8. The application stands allowed. Aarti/- (Praveen Kumar, J) U T