IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29069 of 2025 Arising Out of PS. Case No.-102 Year-2025 Thana- SONBERSA District- Sitamarhi ====================================================== Sanjeet Mahto @ Sanjeet Kumar @ Sanjeev Mahto S/O Sunar Mahto R/O Village- Madhiya, P.S- Bhutahi, Distt.- Sitamarhi. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Opposite Party/s : Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 15-05-2025 Heard the learned Advocate for the petitioner and the learned APP for the State. 2. The petitioner apprehends his arrest in connection with Sonbarsa P.S. Case No. 102 of 2025, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. 3. The allegation against the petitioner is of indulge in trade of illicit wine; the police on a secret information conducted raid. However, noticing the police party, the accused persons succeeded in fleeing away, who has later been identified as petitioner. In course of search, total 15.345 liters of illicit liquor was recovered. 4. Learned Advocate for the petitioner contended that admittedly the alleged recovery has been made from a banswari (orchard) situated behind the house of the petitioner, which is Patna High Court CR. MISC. No.29069 of 2025(2) dt.15-05-2025 2/3 easily accessible to all. The fair antecedent of the petitioner clearly suggest that the petitioner has never been indulged in such activities and in fact, only on suspicion, the name of the petitioner has been implicated in this case. Moreover, there is no independent witness to the search and seizure, apart from other infirmities and thus it smack mala fide. The petitioner undertakes before this Court that he will fully co-operate in the proceeding of the Court. 5. On the other hand, learned counsel for the State opposed the pre-arrest bail application. 6. Regard being had to the submissions made on behalf of the parties and considering the infirmities in the search and seizure, coupled with the fact that the alleged recovery has been made from an open place, as also the fair antecedent of the petitioner and lack of substantive materials attracting the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, 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 Judge, Patna High Court CR. MISC. No.29069 of 2025(2) dt.15-05-2025 3/3 Exclusive Excise Court-I, Sitamarhi in connection with Sonbarsa P.S. Case No. 102 of 2025, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner. shivank/- (Harish Kumar, J) U T