IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29328 of 2025 Arising Out of PS. Case No.-82 Year-2025 Thana- PAKRIDAYAL District- East Champaran ====================================================== 1. Rameshwar Sahani Son of Jhagaru Sahani Resident of Majhar, P.S -Pakaridayal, Dist- East Champaran 2. Krishna Sahani @ Krishnandan Sahani son Mobin Sahani Resident of Majhar, P.S -Pakaridayal, Dist- East Champaran 3. Rupan Sahani son of Ragho Sahani Resident of Majhar, P.S -Pakaridayal, Dist- East Champaran 4. Durgesh @ Durga Sahani @ Durgesh Sahani @ Durga Son of Mobin Sahani Resident of Majhar, P.S -Pakaridayal, Dist- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kundan Rathore Alias Kundan Kumar, Adv. For the Opposite Party/s : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 07-05-2025 Heard the learned Advocate for the petitioners and the learned APP for the State. 2. The petitioners apprehend their arrest in connection with Pakaridayal P.S. Case No. 82 of 2025, registered for the offences punishable under Sections 30(a) and 30(b) of the Bihar Prohibition and Excise Amendment Act, 2016/2022. 3. The allegation against the petitioners is of involved in trade of illicit wine. The police on a secret information conducted raid nearby the bank of Budhi Gandak river. In course of search, total 300 liters of country made chulai liquor Patna High Court CR. MISC. No.29328 of 2025(2) dt.07-05-2025 2/3 was recovered. Noticing the police party, some of the persons, who were present there succeeded in fleeing away. However, they were identified by the mahal chaukidar and local villagers. 4. Learned Advocate for the petitioners referring to the FIR has contended that the alleged recovery has been made from the bank of the river, which is an open place, easily accessible to all. Only on account of past criminal antecedent of identical nature, the name of the petitioners have been implicated in this case; however, it has further been clarified that the petitioner nos. 1 and 2 are having fair antecedent. It is next contended that there is no compliance of Section 103(4) of the BNSS while preparing the seizure list. All the more, the witnesses are none else but the police personnel. The petitioners undertake that they will fully co-operate in the investigation and in the proceeding of the Court. 5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that the petitioners were identified by the local people, moreover, the petitioner no. 4 bears three criminal antecedent of identical nature, whereas petitioner no. 3 bears one criminal antecedent. 6. Regard being had to the submissions made on Patna High Court CR. MISC. No.29328 of 2025(2) dt.07-05-2025 3/3 behalf of the parties and considering the fact that the alleged recovery has been made from the bank of the river, coupled with the fact that no material has collected during the course of investigation suggesting the involvement of the petitioners in crime, apart from absence of any material attracting the provisions under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, as also the infirmities in the search and seizure, let the petitioners above named be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-3/concern Court, Motihari, East Champaran in connection with Pakaridayal P.S. Case No. 82 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 petitioners. shivank/- (Harish Kumar, J) U T