IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28790 of 2025 Arising Out of PS. Case No.-201 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== 1. Mohan Kumar, S/o Dahaur Mukhiya, Resident of village- Madhubani Ghat Bin Toli, P.S. - Mufassil, Distt.- East Champaran 2. Vikash Kumar @ Ajay Kumar, S/o Budhan Mukhiya, Resident of village- Madhubani Ghat Bin Toli, P.S. - Mufassil, Distt.- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Pronoti Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 14-05-2025 Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State. 2. The petitioners apprehend their arrest in connection with Pakaridayal P.S. Case No. 201 of 2022, registered for the offences punishable under Sections 414, 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. 3. In course of patrolling the police intercepted a motorcycle where three persons were seated. However, noticing the police party, two persons succeeded in fleeing away and one Golu Kumar @ Lal Mohan was apprehended. In course of Patna High Court CR. MISC. No.28790 of 2025(2) dt.14-05-2025 2/3 search, 35 liters of country made liquor was recovered. The apprehended persons disclosed the name of the petitioners as his accomplice. 4. Learned Advocate appearing on behalf of the petitioners contended that the petitioners have neither any concern with the motorcycle in question, nor with the recovered illicit wine. Save and except the disclosure made by the apprehended person, there is no material suggesting the complicity of the petitioners in crime. There is further infirmities in the search and seizure and the witnesses are none else, but the police personnels. The petitioners bear fair antecedent and they undertake before this Court that they will fully cooperate in the proceeding of the Court. 5. On the other hand, learned Advocate 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 fact that the entire case is based on the disclosure of the apprehended persons, coupled with the fair antecedent and the absence of ingredient which attract the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, let the petitioners above named be released on bail, in the event of their arrest or Patna High Court CR. MISC. No.28790 of 2025(2) dt.14-05-2025 3/3 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 Exclusive Special Excise Court No. 3, Motihari, East Champaran in connection with Pakaridayal P.S. Case No. 201 of 2022, 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