IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71496 of 2025 Arising Out of PS. Case No.-268 Year-2025 Thana- Daudnagar Excise District- Aurangabad ====================================================== Umanjay Paswan @ Buchan, S/O Late Ramprit Paswan, R/O Village - Tejpura, P.S. - Obra, District - Aurangabad (Bihar) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramadhar Shekhar, Adv. For the Opposite Party/s : Mr. Rajendra Prasad Nat, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 16-10-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State. 2. At the outset, learned Advocate for the petitioner seeks permission to make necessary correction in paragraph nos. 1 and 9 of the bail application. 3. Permission is accorded. 4. Let the same be done in course of the day. 5. The petitioner apprehends his arrest in connection with Daudnagar P.S. Case No. 268 of 2025, registered for the offences punishable under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise (Amendment) Act, 2018. 6. The allegation against the petitioner of being involved in manufacturing of illicit wine; the police on a secret Patna High Court CR. MISC. No.71496 of 2025(2) dt.16-10-2025 2/3 information conducted raid near the bank of Sone river, however, noticing the police party, one of the persons succeeded in fleeing away. The apprehended person disclosed the name of the petitioner. On search 250 liters semi-manufactured illicit liquor and 10 liters mahua chulai liquor were recovered besides other utensils. 7. Learned Advocate appearing on behalf of the petitioner submits that admittedly the alleged recovery has been made nearby bank of Sone river, which is an open place, easily accessible to all. For that, the petitioner cannot be held responsible. Save and except the disclosure made by the apprehended person, there is no material suggesting the complicity of the petitioner in crime. The petitioner also bears fair antecedent. Even if the allegation taken to be true, the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act, 2016 is not attracted. The petitioner undertakes that he will fully cooperate in the proceeding of the Court. 8. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application. 9. Regard being had to the submissions made on behalf of the parties and considering the fact that the alleged recovery has been made from an open place, besides the other Patna High Court CR. MISC. No.71496 of 2025(2) dt.16-10-2025 3/3 infirmities in the search and seizure and on compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 as well as the fair antecedent, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Court No. II, Aurangabad in connection with Daudnagar P.S. Case No. 268 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner. supratim/- (Harish Kumar, J) U T