IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51896 of 2025 Arising Out of PS. Case No.-70 Year-2025 Thana- ARERAJ District- East Champaran ====================================================== 1. Dhananjay Nut, S/o- Dinesh Nut, Village- Barwa, Ward No-11, P.S.- Areraj, Dist- East Champaran 2. Mahesh Nut, S/o- Buchcha Nut, Village- Barwa, Ward No-11, P.S.- Areraj, Dist- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Suraj Kumar Tiwari, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 12-08-2025 Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State. 2. The petitioners apprehend their arrest in connection with Areraj P.S. Case No. 70 of 2025, registered for the offences punishable under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. 3. In course of patrolling, the police on a secret information rushed to the place of occurrence, however noticing the police party, two persons succeeded in fleeing away after throwing a sack. In course of search, total 21 liters of country Patna High Court CR. MISC. No.51896 of 2025(2) dt.12-08-2025 2/3 made liquor was recovered. The police further visited the temporary hutment of the petitioner no.1 and recovered 15 liters of country made liquor. 4. Learned Advocate appearing on behalf of the petitioner submitted that admittedly the name of the petitioners have been disclosed by chowkidar of the village and save and except the disclosure, there is no cogent material which connect the petitioners with the alleged recovered illicit wine. Taking this Court through the seizure list it is further contended that the alleged recovery has been made nearby the hut of the petitioner no.1, which is an abandoned hut and not used for dwelling. He further submits that there are various other infirmities in the search and seizure and moreover, the witness to the search and seizure are none else but the police personnels, this also smacks malafide on the part of the prosecution. The petitioners bear fair antecedent and they undertake before this Court that they 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 and submits that the recovery from the hut of the petitioners, clearly speaks about their involvement. 6. Having considered the submissions set forth by Patna High Court CR. MISC. No.51896 of 2025(2) dt.12-08-2025 3/3 learned Advocate for the parties and taking note of the fair antecedent of the petitioners, coupled with the infirmities in the search and seizure and non-compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, apart from the lack of materials which attract the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, 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) with two sureties of the like amount each to the satisfaction of the learned Court of Special Judge, Excise Court No. 1, East Champaran, Motihari in connection with Areraj P.S. Case No. 70 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 petitioners. supratim/- (Harish Kumar, J) U T