IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8723 of 2026 Arising Out of PS. Case No.-101 Year-2022 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Shahbuddin Ansari S/o Bhes Mohammed Miya @ Bhesh Mohammed Resident of - Baraipatti, P.S- Jadopur, District- Gopalganj ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Indrajeet Bhushan, Adv. For the State : Mr. Shyam Bihari Singh, 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 Vishambharpur P.S. Case No. 101 of 2022 registered for the offence punishable under Sections 30(a), 37 of Bihar Prohibition and Excise Amendment Act, 2022. 3. As per prosecution case, there is total recovery of 301.200 litre country made liquor from four motorcycles in question, out of which 55 litre country made liquor is said to have been recovered from the motorcycle bearing Registration No. BR28U-5856. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. He further submits that petitioner is not named in the Patna High Court CR. MISC. No.8723 of 2026(2) dt.18-02-2026 2/3 FIR and during course of investigation, his name transpired in this case being owner of the motorcycle bearing Registration No. BR28U-5856. Learned counsel further submits that co- accused Amarjeet Yadav had taken the motorcycle of the petitioner in good faith and petitioner had no knowledge that his motorcycle was being used in carrying the illicit liquor and hence, he cannot be held responsible for the alleged recovery. Petitioner bears no criminal antecedent. 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. 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 petitioner is owner of the motorcycle bearing Registration No. BR28U- 5856 from which 55 litre country made liquor has been recovered and hence, petitioner cannot escape from the allegation made in the FIR. 6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, petitioner Patna High Court CR. MISC. No.8723 of 2026(2) dt.18-02-2026 3/3 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 amount each to the satisfaction of learned Additional District and Sessions Judge- IV-cum-Exclusive Special, Excise Court No. II, Gopalganj in connection with Vishambharpur P.S. Case No. 101 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 7. The application stands allowed. shahzad/- (Alok Kumar Pandey, J) U T