IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36333 of 2026 Arising Out of PS. Case No.-129 Year-2022 Thana- DHORAIYA District- Banka ====================================================== Vipin Mandal son of Arjun Mandal Resident of Village- Kharaundha P.S -Dhoraiya, Dist- Banka ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Adv. For the Opposite Party/s : Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 03-06-2026 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 Dhoraiya P.S. Case No. 129 of 2022, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act. 3. In course of patrolling, on a secret information that some persons are engaged in storing and selling of illicit liquor, the police conducted raid. However, noticing the police party, one person succeeded in fleeing away. On enquiry, the villagers disclosed his name as ‘Vipin Mandal’ i.e. the present petitioner. On search in the house of the petitioner, 5 liters of country made liquor was recovered. Patna High Court CR. MISC. No.36333 of 2026(2) dt.03-06-2026 2/3 4. Learned Advocate for the petitioner submitted that the very disclosure of the name of the petitioner by the local villagers appears to be doubtful. Moreover, the entire case of recovery from the house of the petitioner is wholly incorrect and mala fide for the simple reason that had the recovery been made from the house of the petitioner, there would have been signature of the family members on the search and seizure, but surprisingly, the seizure list witnesses are none else but the police personnels. It is further submitted that no summons or any bailable or non-bailable warrant have ever been served upon the petitioner and in fact, he was not aware with regard to institution of the present case. The petitioner bears fair antecedent and undertakes that he will fully co-operate 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 recovery of illicit wine from the house of the petitioner clearly suggest his complicity, besides there is an express bar to maintain anticipatory bail under Section 76(2) of Bihar Prohibition and Excise (Amendment) Act. 6. Regard being had to the submissions made on behalf of the parties and considering the deficiencies in the Patna High Court CR. MISC. No.36333 of 2026(2) dt.03-06-2026 3/3 search and seizure, coupled with the fact that the witnesses are none else but the police personnels and, moreover, the petitioners bears fair antecedent and there is lack of cogent materials attracting the rigors provided under Section 76(2) of Bihar Prohibition and Excise (Amendment) Act, 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 Exclusive Special Excise Court-1, Banka in connection with Dhoraiya P.S. Case No. 129 of 2022, 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