IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9404 of 2026 Arising Out of PS. Case No.-671 Year-2025 Thana- NOORSARAI District- Nalanda ====================================================== Bittu Kumar S/O Late Binda Yadav R/O Vill - Kakariya, P.S - Noorsarai, Distt. - Nalanda. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Birendra Kumar, Advocate For the Opposite Party/s : Mr. Abhay Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 19-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Noorsarai P.S. Case No. 671 of 2025 dated 25.12.2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per prosecution case, on secret information the informant proceeded to village Kakariya and during search 24 liters of country-made liquor were recovered from the house of the petitioner and the mahal chowkidar disclosed the name of the petitioner, who allegedly fled away from the place of occurrence. 4. Learned counsel for the petitioner submits that Patna High Court CR. MISC. No.9404 of 2026(2) dt.19-02-2026 2/3 petitioner is innocent and has committed no offence as alleged in the F.I.R. He further submits that petitioner was not found at the place of occurrence and nothing has been recovered from the conscious possession of the petitioner. It is submitted that the alleged recovery has been made from a joint family house where other family members also reside and the petitioner is not the exclusive owner or in exclusive possession of the place of occurrence. He further submits that the mahal chaukidar has falsely implicated the petitioner in the present case because of criminal antecedent of one case in which he is already on bail, without any basis and except suspicion there is nothing on record to connect the present petitioner with the alleged occurrence. Seizure list has not been made as per law. In the light of the aforesaid facts and circumstances of the case, petitioner cannot be held liable for the same and no offence is made out as alleged in the F.I.R. against the petitioner. 5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that the petitioner is F.I.R. named accused hence, he cannot escape from the allegation made in the F.I.R. 6. Considering the facts and circumstances of the case, petitioner was not found at the place of occurrence, Patna High Court CR. MISC. No.9404 of 2026(2) dt.19-02-2026 3/3 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 Exclusive Special Excise Judge-II, Biharsharif, Nalanda in connection with Noorsarai P.S. Case No. 671 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S. 7. The application stands allowed. Nilmani/- (Alok Kumar Pandey, J) U T