IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43962 of 2026 Arising Out of PS. Case No.-103 Year-2026 Thana- JALE District- Darbhanga ====================================================== Suraj Thakur @ Suraj Kumar S/O Late Manoj Thakur R/O Vill.- Jale, Barhi Tola, P.S.- Jale, Dist.- Darbhanga, Bihar- 852201 ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ghanshyam, Adv. For the Opposite Party/s : Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 08-07-2026 Heard learned Advocate for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest in connection with Jale P.S. Case No.103 of 2026 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. 3. Acting on a tip-off regarding the storage and sale of illicit liquor, the police conducted raid; however, noticing the police party, one person succeeded in fleeing away, who was subsequently identified by the Mahal Chowkidar as the petitioner. During the course of search, a total of 48.750 liters illicit wine kept in a plastic bag inside a hut constructed in the farm, was recovered. 4. Learned Advocate for the petitioner, taking this Patna High Court CR. MISC. No.43962 of 2026(2) dt.08-07-2026 2/3 Court through the FIR, contended that the alleged recovery was made from a hut situated in a farm, which is an open place and easily accessible to all. Moreover, the identification of the petitioner by the Mahal Chowkidar, who was a resident of a different place, smacks mala fide and casts serious doubt upon identification. There is complete defiance of Section 103 of the B.N.S.S., as the witnesses are none else but the police personnel. Had the recovery been made from the hut of the petitioner, there would have been signatures of any family members or villagers, but the same has not been done. The petitioner bears fair antecedent and there is no cogent material attracting the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act, 2016 (for short ‘the Act 2016’). 5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the recovery of huge illicit wine from the hut allegedly belonging to the petitioner clearly points towards his involvement in the alleged offence. 6. Having regard to the submissions made on behalf of the parties and considering the fact that the alleged recovery has been made from a hut situated in an open place and easily accessible to all, coupled with the defiance of Section 103 Patna High Court CR. MISC. No.43962 of 2026(2) dt.08-07-2026 3/3 BNSS, besides fair antecedent of the petitioner and lack of cogent material attracting the rigors provided under Section 76(2) of the Act, 2016, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-I, Darbhanga in connection with Jale P.S. Case No.103 of 2026, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner. rohit/- (Harish Kumar, J) U T