IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31465 of 2025 Arising Out of PS. Case No.-170 Year-2025 Thana- FATEHPUR District- Gaya ====================================================== Bhim Chaudhary S/O Late Lala Chaudhary R/O Rupin, P.S.- Fatehpur, District- Gaya ... ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mrigendra Kumar, Adv. For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 16-05-2025 Heard the learned Advocate for the petitioner and the learned APP for the State. 2. The petitioner apprehends his arrest in connection with Fatehpur P.S. Case No. 170 of 2025, registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise (Amendement) Act. 3. In course of patrolling, the police on a secret information conducted raid and recovered 3.375 liters of Indian made foreign liquor. The alleged recovery has been made from the front of the house of the petitioner. 4. Learned Advocate for the petitioner taking this Court through the FIR and the seizure list contended that admittedly, the liquor was kept hidden in the pile of sand in front of the house of the petitioner and, as such, the petitioner Patna High Court CR. MISC. No.31465 of 2025(2) dt.16-05-2025 2/3 cannot be held accountable for the same. Only on account of one criminal antecedent of identical nature, the name of the petitioner has been instituted in this case, without there being any substance. There is various other infirmities in the search and seizure, coupled with the non compliance of the provisions of Sections 103 and 105 of the BNSS. The prosecution case also smacks mala fide for the simple reason that the witness are none else but the police personnel. Moreover, the petitioner undertakes 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 fact that the alleged recovery has been made from an open place, easily accessible to all, coupled with the infirmities in the search and seizure, as also the absence of materials attracting rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act, 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 Patna High Court CR. MISC. No.31465 of 2025(2) dt.16-05-2025 3/3 sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-IV, Gaya in connection with Fatehpur P.S. Case No. 170 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