IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8709 of 2026 Arising Out of PS. Case No.-64 Year-2025 Thana- Mahuli District- Sheikhpura ====================================================== Pukari yadav @ Pukari kumar Son of Chando Yadav Resident of village- Mahuli, Ps- Mahuli, Dist- Sheikhpura ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Ms. Kumari Anupam, Adv. For the State : Ms. Asha Devi, 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 Mahuli P.S. Case No. 64 of 2025 registered for the offence punishable under Sections 30(a), 32 of Bihar Prohibition and Excise Act, 2022. 3. As per prosecution case, there is alleged recovery of 11.250 litre foreign liquor from motorcycle in question and local chowkidar and villagers disclosed the name of the petitioner, who fled away from the spot. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case due to high handedness of the police. He further submits that petitioner Patna High Court CR. MISC. No.8709 of 2026(2) dt.18-02-2026 2/3 is not owner of the motorcycle in question. Petitioner bears criminal antecedent of two cases in which he is on bail, as orally submitted by the learned counsel for the petitioner. He further submits that nothing has been recovered from conscious possession of the petitioner. Petitioner was not found at the place of occurrence. Petitioner has no concern with the seized liquor. Except suspicion, there is nothing on record to connect the present petitioner with the alleged occurrence. 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 name of the petitioner finds place in the FIR and hence, he cannot escape from the allegation made in the FIR. 6. Considering the facts and circumstances of the case, petitioner is not owner of the motorcycle in question and he is 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 Patna High Court CR. MISC. No.8709 of 2026(2) dt.18-02-2026 3/3 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 learned Exclusive Special Excise Judge, Sheikhpura in connection with Mahuli P.S. Case No. 64 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