IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31363 of 2025 Arising Out of PS. Case No.-132 Year-2025 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Kundan Sahni @ Kundan Kumar Sahni, S/O Ranjan Kumar Sahni @ Ranjan Sahni, R/O Vill.-Pandasarai, P.s.-Laheriasarai, Dist.- Darbhanga ... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Girish Chandra Jha, Advocate For the Opposite Party/s : Mr. Kanhiya Kishor, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 15-05-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in connection with Laheriasarai P.S. Case No. 132 of 2025, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018. 3. The allegation against the petitioner is of involved in trafficking of illicit wine, the police conducted raid in the house of the petitioner. However, noticing the police party, the petitioner succeed in fleeing away. In course of search total 4.875 liters of Indian made foreign liquor was recovered from a thatched house. 4. Learned Advocate appearing on behalf of the Patna High Court CR. MISC. No.31363 of 2025(2) dt.15-05-2025 2/3 petitioner taking this Court through the FIR contended that it clearly disclose that after preparation of search and seizure list the police personnels were in search of the owner of the house and, as such, the allegation that the thatched house belongs to the petitioner, is wholly incorrect. The petitioner has neither any concern with the thatched house from where recovery has been made, nor with the illicit wine. Only on account of past criminal antecedent as has been disclosed in paragraph no. 3, the name of the petitioner has been implicated in this case. There are various other infirmities in the search and seizure, coupled with the non-compliance of Section 103 and 105 of the Bharatiya Nagrik Suraksha Sanhita. Moreover, the witnesses to the seizure are none else, but the police personnels and the entire prosecution case smacks mala fide. During the course of investigation no materials has collected, suggesting the complicity of the petitioner. Moreover, the petitioner undertakes before this Court that he 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 submissions advanced Patna High Court CR. MISC. No.31363 of 2025(2) dt.15-05-2025 3/3 that the thatched house does not belong to the petitioner and there are no other materials suggesting the complicity of the petitioner in crime and attract the provisions provided under Section 76(2) of the Bihar Prohibition and Excise Act, 2016 as also the infirmities in the search and seizure, 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.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge-II (Excise Act), Darbhanga in connection with Laheriasarai P.S. Case No. 132 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