IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10902 of 2026 Arising Out of PS. Case No.-449 Year-2025 Thana- PIRPAINTI District- Bhagalpur ====================================================== Shiv Lal Tuddu s/o late pradhan tuddu r/o muhalla- hujur nagar, p.s.- Pirpainty, District- Bhagalpur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Diwakar Upadhyaya, Adv For the Opposite Party/s : Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 2 17-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in connection with Pirpainti P.S. Case No. 449 of 2025, registered for the offence punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2022. 3. The case of the prosecution, in short, is that on 08.10.2025, when the informant was on duty, he found 6 liters of country made liquor in a gallon from a bush. Thereafter, he received secret information that Shivlal Tudu (the petitioner herein) is selling illegal liquor in his house. When the police reached the house of Shivlal Tudu, the person managed to escape towards the densely populated area of the village and on search of his house, a 10 litre white coloured plastic gallon Patna High Court CR. MISC. No.10902 of 2026(2) dt.17-02-2026 2/3 containing about 8 litres of country made Mahua liquor was found in the corner of the courtyard of the house. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has not arrested from the spot nor anything has been recovered from the conscious physical possession of the petitioner. He further submits that the it is a joint house where the alleged recovery has been made and the petitioner has no criminal antecedent. 5. Learned A.P.P. for the State opposes the prayer of anticipatory bail. 6. Considering the fact that nothing has been recovered from the conscious physical possession of the petitioner and given the fact that the search and seizure memo has not been signed by two independent witnesses and the petitioner has no criminal antecedent, this Court is inclined to grant privilege of anticipatory bail to the petitioner. 7. Let the petitioner, named above, in the event of his arrest or surrender before the Court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-02, Patna High Court CR. MISC. No.10902 of 2026(2) dt.17-02-2026 3/3 Bhagalpur in connection with Pirpainti P.S. Case No. 449 of 2025, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 as also further condition that:- (i) the petitioner shall co-operate in the investigation/trial. (ii) the learned Court would, however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. kiran/- (Alok Kumar Sinha, J) U T