IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40464 of 2026 Arising Out of PS. Case No.-143 Year-2026 Thana- MOTIPUR District- Muzaffarpur ====================================================== Santosh Kumar S/o Mohan Das @ Lal Mohan Das Resident of village- Mahima Gopinathpur, P.S.-Motipur, District- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Opposite Party/s : Mr. M K Nirala, 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 Motipur P.S. Case No. 143 of 2026, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise (Amendment) Act. 3. In course of patrolling, allegedly the police personnels tried to intercept two persons, who were riding on a motorcycle, however, they succeeded in fleeing away, leaving the motorcycle and the bag. In course of search, total 21.375 liters Indian made foreign liquor was recovered. The Mahal Chaukidar also identified two persons, out of which one is said to be the petitioner. 4. Learned Advocate for the petitioner submitted that Patna High Court CR. MISC. No.40464 of 2026(2) dt.01-07-2026 2/3 the identification of the petitioner by the Mahal Chaukidar through the torch light does not inspire any confidence, when both the persons are of different places, and who were riding on a motorcycle. Moreover, the petitioner has nothing to do with the motorcycle, in question, nor with the recovered illicit wine. The petitioner bears fair antecedent, besides the fact there is no cogent material, 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 and submits that the petitioner was identified by the Mahal Chaukidar, who saw him while throwing plastic bag from which illicit liquor was recovered. 6. Regard being had to the submissions made on behalf of the parties and considering the materials available on record especially the fact the petitioner has no concern with the motorcycle, in question, coupled with his fair antecedent and the discrepancies in the search and seizure, 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 Patna High Court CR. MISC. No.40464 of 2026(2) dt.01-07-2026 3/3 sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-II, Muzaffarpur in connection with Motipur P.S. Case No. 143 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 petitioner. shivank/- (Harish Kumar, J) U T