IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44007 of 2026 Arising Out of PS. Case No.-327 Year-2025 Thana- Excise Thana Hajipur District- Vaishali ====================================================== Bachchu Singh S/o Hari Mohan Singh R/o village- Nagva, P.S- Belsar, District- Vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Kumar Singh, Adv. For the Opposite Party/s : Mr. M K Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 08-07-2026 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 Hajipur Excise P.S. Case No. 327 of 2025, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. 3. Acting on a tip off regarding trade of illicit wine, the police conducted raid in the house of the one Hari Mohan Singh. However, noticing the police party, one person succeeded in fleeing away. Subsequently, co-accused Hari Mohan Singh was apprehended, who disclosed the name of the petitioner as the person, who fled away. In course of search behind the house of co-accused Hari Mohan Singh in a courtyard, total 63 liters illicit wine was recovered. Patna High Court CR. MISC. No.44007 of 2026(2) dt.08-07-2026 2/3 4. Learned Advocate for the petitioner submitted that only on account of the petitioner being son of the co-accused Hari Mohan Singh, his name has been implicated in this case, without there being any cogent material, suggesting his complicity in the crime. So far the alleged recovery from a courtyard situated behind the house of the petitioner is concerned, that doesn’t belong to the petitioner and it is an open place, easily accessible to all. The seizure list witnesses are none else but the police personnels, which also clearly suggest that the recovery has been made from an open place. Moreover, there is defiance of Sections 103 and 105 of the BNSS and the petitioner bears fair antecedent. There is no 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 alleged recovery from the house of the petitioner clearly suggest his complicity in the crime. 6. Regard being had to the submissions made on behalf of the parties and considering the fact that the recovery has been made from an open place behind the house of the petitioner, coupled with the fair antecedent as well as the non- Patna High Court CR. MISC. No.44007 of 2026(2) dt.08-07-2026 3/3 compliance of mandatory provisions of Sections 103 and 105 of the BNSS, 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 Judge -II- cum- District and Additional Sessions Judge, Hajipur, Vaishali in connection with Hajipur Excise P.S. Case No. 327 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. shivank/- (Harish Kumar, J) U T