IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35662 of 2026 Arising Out of PS. Case No.-537 Year-2025 Thana- KESARIA District- East Champaran ====================================================== 1. Rampukar Rai @ Rampukar Yadav S/O Raghunath Rai @ Raghunath Ray Resident of village- Kadhan, Ward No.-10, P.S- Kesariya, Dist.- East Champaran. 2. Lalan Rai S/O Raghunath Rai @ Raghunath Ray Resident of village- Kadhan, Ward No.-10, P.S- Kesariya, Dist.- East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Adv. For the Opposite Party/s : Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 02-06-2026 Heard Mr. Abhishek Kumar, learned Advocate for the petitioners and Ms. Sharda Kumari, learned Additional Public Prosecution for the State through virtual mode. 2. The petitioners apprehend their arrest in connection with Kesariya P.S. Case No. 537 of 2025, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The police on a tip off, regarding trafficking of illicit wine, conducted raid over Kadhan Diyara area. After noticing the police party, two persons succeeded in fleeing away. The local chowkidar disclosed their name as the petitioners. In course of search, total 230 litres country-made chulai liquor was recovered. Patna High Court CR. MISC. No.35662 of 2026(2) dt.02-06-2026 2/3 4. Learned Advocate for the petitioners submitted that very identification of the petitioners by local chowkidar is wholly doubtful, in as much as, there is no compliance of Sections 103 and 105 of B.N.S.S. Admittedly, the alleged recovery has been made from an open place which is easily accessible to all and for that the petitioners cannot be held responsible. It is submitted that only on account of past criminal antecedent of identical nature as has been disclosed in paragraph no. 3, the name of the petitioners have been implicated in this case without there been any cogent material. 5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that besides, the petitioners are carrying four criminal antecedents, there is express bar to maintain anticipatory bail in terms with Section 76(2) of the Bihar Prohibition and Excise Amendment Act. 6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the fact that the alleged recovery has been made from an open place; besides, the doubtful identification of the petitioners and no other cogent materials which attract the rigors provided under Section 76(2) of the Excise Amendment Act as also the Patna High Court CR. MISC. No.35662 of 2026(2) dt.02-06-2026 3/3 deficiency in the search and seizure, 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/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 3, Civil Court, East Champaran at Motihari in connection with Kesariya P.S. Case No. 537 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 petitioners. sadique/- (Harish Kumar, J) U T