IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35632 of 2026 Arising Out of PS. Case No.-248 Year-2026 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== 1. Sunil Sahani @ Sunil Kumar Sahani S/o Ramdev Sahani Resident of Village- Hussepur Naya Tola, P.S.- Sahebganj, District- Muzaffarpur 2. Anil Sahani S/o Ramdev Sahani Resident of Village- Hussepur Naya Tola, P.S.- Sahebganj, District- Muzaffarpur 3. Dukhan Sahani S/o Chhotanku Sahani Resident of Village- Hussepur Naya Tola, P.S.- Sahebganj, District- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bal Govind Sharma, Adv. For the Opposite Party/s : Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 01-06-2026 Heard the learned Advocate for the petitioners and the learned Additional Public Prosecutor for the State through virtual mode. 2. The petitioners apprehend their arrest in connection with Sahebganj P.S. Case No. 248 of 2026, registered for the offences punishable under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2022. 3. The police on a tip of manufacturing of illicit wine conducted raid at Hussepur Diara. However, noticing the police party, the persons, who were present there succeeded in fleeing away. In course of search, total 200 liters of country made chulai liquor was recovered; besides 1600 liters raw jawa was destroyed at the place of occurrence, itself. The local people Patna High Court CR. MISC. No.35632 of 2026(2) dt.01-06-2026 2/3 disclosed the name of the petitioners, as the persons engaged in manufacturing of illicit wine. 4. Learned Advocate for the petitioners referring to the F.I.R contended that besides the fact that the witnesses are none else but the police personnel, no other utensils and manufacturing materials have been recovered, which suggest that the place was used for manufacture of illicit wine. The recovery has been made from an open place, which does not belong to the petitioners. The reason behind the false implication of the petitioners is said to be their past criminal antecedent, as has been disclosed in paragraph no. 3 of the bail application. Save and except the disclosure made by the local people, whose names have even not been disclosed, there is no material suggesting their complicity in the crime. Besides there is absence of any cogent material attracting the rigors provided under section 76 (2) of the Bihar Prohibition and Excise (Amendment) Act, there is complete defiance of the provisions of Sections 103 and 105 of the BNSS. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that a huge quantity of illicit wine and the raw materials were recovered at the place of occurrence and the petitioners are said to have been Patna High Court CR. MISC. No.35632 of 2026(2) dt.01-06-2026 3/3 involved in manufacturing of illicit wine. 6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the fact that alleged recovery has been made from an open place easily accessible to all and save and except the disclosure made by the local people, there is no other material except the criminal antecedent of the petitioners, which attracts the rigors provided under Section 76 (2) of Bihar Prohibition and Excise (Amendment) Act, 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) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-II, Muzaffarpur in connection with Sahebganj P.S. Case No. 248 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 petitioners. shivank/- (Harish Kumar, J) U T