IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8699 of 2026 Arising Out of PS. Case No.-206 Year-2025 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Indal Chaudhary @ Indal Chaudhari Son of Laxman Chaudhary Resident of Village- Ram Nagar, P.S.- Siwaipatti, District- Muzaffarpur ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Nachiketa Jha, Adv. For the State : Mr. Lalan Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 18-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Siwaipatti P.S. Case No. 206 of 2025 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act. 3. As per prosecution case, there is alleged recovery of 33 litre country made liquor from the tin roofed shop of the petitioner situated by the road side. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. Petitioner bears criminal antecedent of one case which is not similar to the present case and in the said case petitioner is on bail. He further submits that nothing has been Patna High Court CR. MISC. No.8699 of 2026(2) dt.18-02-2026 2/3 recovered from conscious possession of the petitioner. Petitioner was not found at the place of occurrence. Petitioner has no concern with the seized liquor. He further submits that alleged place of recovery is an open place and same is accessible to all and petitioner cannot be held responsible for the alleged recovery. Search and seizure have not been made as per law. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act. 5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that 33 litre country made liquor has been recovered from the tin roofed shop of the petitioner and hence, petitioner cannot escape from the allegation made in the FIR. 6. Considering the facts and circumstances of the case, petitioner was not found at the place of occurrence, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like Patna High Court CR. MISC. No.8699 of 2026(2) dt.18-02-2026 3/3 amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 3, Muzaffarpur in connection with Siwaipatti P.S. Case No. 206 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. 7. The application stands allowed. shahzad/- (Alok Kumar Pandey, J) U T