IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31678 of 2025 Arising Out of PS. Case No.-8 Year-2025 Thana- Gehlaur District- Gaya ====================================================== Lallu Kumar Son of Yogendra Yadav Resident of Village - Titmo, Police Station - Atri in the District of Gaya. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Braj Nandan Kumar Tiwary, Adv. For the Opposite Party/s : Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 22-05-2025 Heard the learned Advocate for the petitioner and the learned APP for the State. 2. The petitioner apprehends his arrest in connection with Gehlour P.S. Case No. 8 of 2025, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. In course of patrolling, the police on a secret information intercepted a Hyundai i-10 car. However, noticing the police party, the driver of the car succeeded in fleeing away. In course of search, total 180 liters of country made liquor was recovered. 4. Learned Advocate for the petitioner contended that the car, in question, from where the recovery was made, had already been sold and handed over to one Naulesh Kumar on Patna High Court CR. MISC. No.31678 of 2025(2) dt.22-05-2025 2/3 20.01.2024 on consideration amount of Rs. 1,20,000/-. Since the process of transfer of the ownership was under process and, in the meanwhile, the vehicle was seized by the police, the name of the petitioner has been implicated in this case. The petitioner has now nothing to do with the car, in question, nor with the illicit wine. There are various other infirmities in the search and seizure, coupled with the non compliance of the provision of Sections 103 and 105 of the BNSS. It is lastly contended that the petitioner is a man of fair antecedent and he undertakes that he 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. 6. Regard being had to the submissions made on behalf of the parties and considering the fact that the car, in question, has already been sold in favour of Naulesh Kumar, as has been disclosed in paragraph no. 6 of the bail application, coupled with the fair antecedent as also the lack of ingredients 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 Patna High Court CR. MISC. No.31678 of 2025(2) dt.22-05-2025 3/3 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 Excise Court No. 1, Gaya in connection with Gehlour P.S. Case No. 8 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