IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40468 of 2026 Arising Out of PS. Case No.-45 Year-2026 Thana- Sonki District- Darbhanga ====================================================== Uday Kumar @ Uday Mandal S/O Lala Mandal Resident of Village- Basudevpur, Police Station- Sonki, District- Darbhanga. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Adv. For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 01-07-2026 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in connection with Sonki P.S. Case No. 45 of 2026, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act – 2016/2022 (As amended). 3. Acting on a tip off regarding storage of illicit wine, the police conducted raid in the house of one ‘Mithun Kumar Sah’ and in course of search, recovered 8.100 liters of Indian made foreign liquor. The apprehended person disclosed that he got the liquor from the petitioner. 4. Learned Advocate for the petitioner submitted that the petitioner has neither any concern with the alleged recovered illicit wine nor the place, from where the recovery has Patna High Court CR. MISC. No.40468 of 2026(2) dt.01-07-2026 2/3 been made. The disclosure of the name of the petitioner by the co-accused, in any view of the manner is not admissible in the eyes of law, besides there is no compliance of Sections 103 and 105 of the BNSS, as both the witnesses are police officials and no videography of search and seizure was made. The petitioner bears fair antecedent and submits that there is no cogent materials, which attracts the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application. 6. Regard being had to the submissions made on behalf of the parties and considering the materials available on record, as also the fact that save and except the disclosure made by the co-accused person, there is no material suggesting the complicity of the petitioner in crime, besides his fair antecedent, 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-I, Darbhanga in connection with Sonki P.S. Case No. 45 of 2026, Patna High Court CR. MISC. No.40468 of 2026(2) dt.01-07-2026 3/3 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