IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7803 of 2026 Arising Out of PS. Case No.-438 Year-2025 Thana- BAHADURPUR District- Darbhanga ====================================================== Budhan Yadav @ Budheshwar Yadav S/o Ram Prakash Yadav @ Ram Pd Yadav @ Ram Prasad Yadav R/o - Raghepura, P.S - Bahadurpur, District - Darbhanga, Bihar ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Vinay Kumar Mishra, Adv. For the State : Md. Nazir Ansari, 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 Bahadurpur P.S. Case No. 438 of 2025 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016. 3. As per prosecution case, there is alleged recovery of 159.39 litre foreign liquor from brick built house of the petitioner thatched with asbestos. 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 village politics. He further submits that the alleged place of Patna High Court CR. MISC. No.7803 of 2026(2) dt.18-02-2026 2/3 recovery is an unlocked house and no family member of the petitioner resides in the said house. 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 159.39 litre foreign liquor has been recovered from brick built house of the petitioner 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 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 Patna High Court CR. MISC. No.7803 of 2026(2) dt.18-02-2026 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-1 (Excise Act), Darbhanga in connection with Bahadurpur P.S. Case No. 438 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