Patna High Court
CR. MISC./59285/2026 of Situ Kumar Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59285 of 2026 Arising Out of PS. Case No.-707 Year-2026 Thana- Excise P.S. District- Gaya ====================================================== Situ Kumar S/o Yugal Kishor Thakur Resident of Tarbabugali Chhotaki Delha, P.S.- Delha,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59285 of 2026
Arising Out of PS. Case No.-707 Year-2026 Thana- Excise P.S. District- Gaya ======================================================
Situ Kumar S/o Yugal Kishor Thakur Resident of Tarbabugali Chhotaki Delha, P.S.- Delha, District- Gaya
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner
:
Mr. Vinod Kumar, Adv.
For the Opposite Party
:
Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
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ORAL ORDER
19-08-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Excise P.S. Case No.707 of 2026 registered under Sections 30(a), 32(3) and 37 of Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 13 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for the petitioner that recovery of alleged illicit liquor was made from a motorcycle, which was involved in carrying illegal Patna High Court CR. MISC. No.59285 of 2026(2) dt.19-08-2026
consignment of liquor. It is also submitted that name of petitioner arrayed solely for the reason that petitioner is the registered owner of the said vehicle. It is also submitted that recovery of illicit liquor was not made from conscious possession of this petitioner. It is also submitted that the petitioner was neither present at the spot nor was he in any way connected with alleged liquor. Petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory bail to the petitioner.
6. In view of aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, accordingly, the petitioner, above-named who is man of clean antecedent, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-3, Gaya, in Patna High Court CR. MISC. No.59285 of 2026(2) dt.19-08-2026
connection with Excise P.S. Case No.707 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS.
Aniket/- (Chandra Shekhar Jha, J.) U T