IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37844 of 2026 Arising Out of PS. Case No.-182 Year-2025 Thana- PATEPUR District- Vaishali ====================================================== Mukesh Kumar S/o- Mahendra Ray R/o Vill- Majhrabad (Kheshrahi), P.S.- Patepur (Harilochanpur), District- Vaishali. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anish Kumar, Adv. For the Opposite Party/s : Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 03-06-2026 Heard Mr. Anish Kumar, learned Advocate for the petitioner and Mr. Sanjay Kumar Pandey, learned Additional Public Prosecutor for the State through virtual mode. 2. The petitioner apprehends his arrest in connection with Patepur P.S. Case No. 182 of 2025, registered for the offences punishable under Sections 30(a), 32 (2), 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022. 3. Acting on a tip off regarding trafficking of illicit wine, the police intercepted a Truck container bearing registration No. RJ-2GB-3170 and in course of search total 2162.88 litre Indian made foreign liquor was recovered. The petitioner along with others are said to be traffickers of the illicit wine and accordingly the FIR has been instituted against them. 4. Learned Advocate for the petitioner submitted that Patna High Court CR. MISC. No.37844 of 2026(2) dt.03-06-2026 2/3 the petitioner has neither any concern with the vehicle in question nor with the illicit wine. However, only on account of past criminal antecedent of identical nature as has been disclosed in para-3, his name has been implicated in this case without there being any cogent material collected during course of investigation suggesting any complicity in the crime. There is absolutely no compliance of Sections 103 and 105 of the BNSS and since there is no recovery from the conscious or constructive possession of the petitioner, the rigors provided under Section 76 of the Bihar Prohibition and Excise (Amendment) Act would not be applicable, is the contention of the learned Advocate. 5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that out of four criminal cases, three cases of identical nature are pending against the petitioner and there is complete bar to maintain anticipatory bail. 6. Having considered the submissions advanced on behalf of the respective parties and taking note of the fact that save and except the petitioner is said to be trafficker of the illicit wine, there is no material suggesting his complicity in the crime, besides there is defiance of Sections 103 and 105 of the BNSS Patna High Court CR. MISC. No.37844 of 2026(2) dt.03-06-2026 3/3 and lack of cogent material attracting the rigors provided under Section 76(2) of the Bihar Prohibition and Excise (Amendment) Act, let the petitioner abovenamed 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 No. II-cum- District and Additional Sessions Judge, Vaishali at Hajipur in connection with Patepur P.S. Case No. 182 of 2025, 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. Anjani/- (Harish Kumar, J) U T