IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 35628 of 2026 Arising Out of PS. Case No.-98 Year-2026 Thana- JANTA BAZAR District- Saran ====================================================== Sachin Kumar @ Sachin Yadav Son of Bhola Yadav @ Bhola Ray Resident of Village- Lauwa/Lauvakala, P.S- Baniyapur, District- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Kant Singh, Adv. For the Opposite Party/s : Mr. Arun Kumar Pandey, 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 Janta Bazar P.S. Case No. 98 of 2026, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act. 3. The police on a tip of trafficking of illicit wine intercepted a motorcycle. However, noticing the police party, out of two persons, one succeeded in fleeing away. Later on, the local Chaukidar disclosed the name of the petitioner, as a person, who succeeded in fleeing. In course of search, total 25.92 liters illicit wine was recovered. 4. Learned Advocate for the petitioner submitted that Patna High Court CR. MISC. No. 35628 of 2026(2) dt.01-06-2026 2/3 the petitioner has neither any concern with the motorcycle, in question, nor with the recovered illicit wine. The disclosure of the name of the petitioner by local Chaukidar also appears to be doubtful. The reason behind the said occurrence is nothing but the past criminal antecedent of the petitioner, as has been disclosed in paragraph no. 3 of the bail application. Since nothing has been recovered from the conscious or constructive possession of the petitioner nor any materials have collected during the course of investigation and, as such, the rigors provided under Section 76 (2) of the Bihar Prohibition and Excise (Amendment) Act is not attracted is the contention of the learned Advocate for the petitioner. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the petitioner is carrying three criminal antecedent of identical nature, besides his name has been disclosed by local Chaukidar. 6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the fact that save and except the disclosure made by the local Chaukidar, there is no cogent material attracting the rigors provided under Section 76 (2) of the Bihar Prohibition and Excise (Amendment) Act as well as the deficiencies in the Patna High Court CR. MISC. No. 35628 of 2026(2) dt.01-06-2026 3/3 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.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned I/C 3rd Exclusive Special Excise Judge, Saran at Chapra in connection with Janta Bazar P.S. Case No. 98 of 2026, 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. shivank/- (Harish Kumar, J) U T