Champaran v. The State Of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER Mr.Ajay Kumar Singh Mr.Tapeshwar Sharma 2 19-08-2026 Heard the parties

#2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Ramgarhwa P.S. Case No. 231 of 2026 registered for the offences punishable under Section 274, 275 of BNS and Section 30(a) of Excise Act.

#3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 20 litres of IMFL/country made liquor

#4. Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor is made from the open field i.e., bank of river, which is accessible by general public, where nothing recovered from the conscious physical possession of the petitioner. Petitioner found involved in two Patna High Court CR. MISC. No.59266 of 2026(2) dt.19-08-2026 more criminal cases where he is on bail. 5 Learned APP, opposed the prayer of bail.

#6. In view of aforesaid factual submission and by taking note of fact as recovery of illicit liquor prima-facie not appears to be made from the physical possession of the petitioner, who is a man of clean antecedent, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, 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 Spl. Judge Excise court no 03 I/c East Champaran at Motihari or Successor Court /concerned Court, where the case is pending in connection with Ramgarhwa P.S. Case No. 231 of 2026, subject to the conditions as laid down under Section 482(2) of BNSS. (Chandra Shekhar Jha, J) Sudha/- U T