IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35360 of 2026 Arising Out of PS. Case No.-153 Year-2026 Thana- MINAPUR District- Muzaffarpur ====================================================== Shushil Das @ Sunil Das S/o Ramchandra Das, R/o Village - Mahmudpur, P.S - Ahiyapur, District - Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vibhuti Kumar, Adv. For the Opposite Party/s : Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 01-06-2026 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State through virtual mode. 2. The petitioner apprehends his arrest in connection with Minapur P.S. Case No. 153 of 2026, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2022. 3. Acting on a tip regarding concealment of illicit wine, the police conducted raid over the litchi orchard of one Awadh Bihari. Noticing the police party one person succeeded in fleeing away, who was later on identified as the petitioner. In course of search, the police recovered 84 liters of Indian made foreign liquor and accordingly the seizure list was prepared. 4. Learned Advocate for the petitioner submitted that Patna High Court CR. MISC. No.35360 of 2026(2) dt.01-06-2026 2/3 as per the F.I.R and the search and seizure memo, it is evident that the alleged recovery has been made from the litchi orchard of one Awadh Bihari. The petitioner has neither any concern with the land, in question, nor with the alleged recovered illicit wine. Only on account of one criminal antecedent of identical nature, the name of the petitioner has been implicated in this case without there being any material suggesting the complicity of the petitioner. There is complete defiance of Sections 103 and 105 of the BNSS. It is further contended that there is no cogent material collected during the course of investigation and the allegation even if taken to be true for the sake of argument, the rigors provided under Section 76 (2) of the Bihar Prohibition and Excise Amendment Act, 2018 is not attracted. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submitted that a huge consignment of illicit liquor was recovered from the orchard and this petitioner was identified by local Chaukidar. 6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the suspicious identification by the local Chaukidar, coupled with the fact that the alleged recovery has been made from a place, which does not belong to the petitioner, as also the Patna High Court CR. MISC. No.35360 of 2026(2) dt.01-06-2026 3/3 deficiency pointed out in the search and seizure memo and no material attracting the rigors provided under Section 76 (2) of the Bihar Prohibition and Excise Amendment Act, 2018, 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 Court of Exclusive Special Excise Court-I, Muzaffarpur, in connection with Minapur P.S. Case No. 153 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further conditions that one of the bailors shall be the own/close family members of the petitioner. shivank/- (Harish Kumar, J) U T