IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31424 of 2025 Arising Out of PS. Case No.-166 Year-2025 Thana- MANER District- Patna ====================================================== Surendra Ray @ Surendra Singh, S/O Ramashankar Ray, R/O Village- Sherpur Purvi, P.S- Maner, Distt.- Patna. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar, Advocate For the Opposite Party/s : Mr. Mukesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 16-05-2025 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 Maner P.S. Case No. 166 of 2025, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act 2022. 3. The allegation against the petitioner is of indulged in trade of illicit wine. The police conducted raid and recovered 11 liters of illicit country made liquor from “dalan” of the petitioner. 4. Learned Advocate appearing on behalf of the petitioner contended that the alleged recovery from dalan of the petitioner is out and out false and concocted statement, in fact, Patna High Court CR. MISC. No.31424 of 2025(2) dt.16-05-2025 2/3 nt, the dalan of the petitioner is open from all the corners, easily accessible to any person and, as such, the petitioner cannot be held accountable for recovery of any incriminating material which was kept by any person without his consent. The aforesaid fact also fortified for the reason of fair antecedent of the petitioner, as the petitioner has never been found involved in such activities. Moreover, the prosecution case also falls to the ground that had the recovery been made from the dalan of the petitioner, there would have been signature of any of the family members of the petitioner, but the same has not been done. It also smacks mala fide. There are various other infirmities in the search and seizure, coupled with the undertaking of the petitioner that he would cooperate in the proceeding of the Court 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the recovery has been made from the constructive possession of the petitioner. 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 search and seizure, the fair antecedent, Patna High Court CR. MISC. No.31424 of 2025(2) dt.16-05-2025 3/3 nt, as also the absence of 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 Excise Judge, Danapur, Patna in connection with Maner P.S. Case No. 166 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