IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35620 of 2026 Arising Out of PS. Case No.-146 Year-2026 Thana- BYPASS District- Patna ====================================================== Ravindra Kumar @ Nashib @ Nashiban @ Ravinda Kumar Son of Sanjay Prasad @ Naga Bind Resident of Bahari Begampur, Beldari Tola, Begampur, Patna City, P.S.- Bypass, District- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Garg, Adv. For the Opposite Party/s : Mr. Ramesh Chandra, 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 Bypass P.S. Case No. 146 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 regarding sale of illicit wine conducted raid. However, noticing the police party, one person succeeded in fleeing away and co-accused Raman Kumar was apprehended. The apprehended person disclosed the name of the petitioner. In course of search, total 6.250 liters country made liquor was recovered. Patna High Court CR. MISC. No.35620 of 2026(2) dt.01-06-2026 2/3 4. Learned Advocate for the petitioner submitted that save and except the disclosure made by the apprehended person, there is no material suggesting the complicity of the petitioner in crime. Admittedly, nothing has been recovered from the conscious or constructive possession of the petitioner, besides there is serious deficiencies in the search and seizure and no compliance of Sections 103 and 105 of the BNSS. Even if the materials available on record is accepted for the sake of argument, the rigors provided under Section 76 (2) of the Bihar Prohibition and Excise (Amendment) Act is not attracted. The reason behind the false implication is said to be the past criminal antecedent of identical nature. 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 and his name has been disclosed by apprehended person. 6. Regard being had to the submissions made on behalf of the parties and considering the fact that during the course of investigation, no materials have been collected, which suggest the complicity of the petitioner in the present crime, besides absence of any cogent material attracting the rigors provided under Section 76 (2) of the Bihar Prohibition and Patna High Court CR. MISC. No.35620 of 2026(2) dt.01-06-2026 3/3 Excise Amendment Act as also the deficiencies disclosed in the 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 Special Judge Excise, Patna City/ Exclusive Special Court of Excise, Patna City in connection with Bypass P.S. Case No. 146 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