IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48327 of 2026 Arising Out of PS. Case No.-185 Year-2026 Thana- MOTIPUR District- Muzaffarpur ====================================================== 1. Jalandhar Sahni @ Surendra Sahni S/o Late Phudeni Sahni R/o Village - Gohuachak (Gehuachak), P.S - Motipur, District - Muzaffarpur 2. Hiralal Sahni @ Surendra Sahni S/o Late Bhavikshan Sahni R/o Village - Gohuachak (Gehuachak), P.S - Motipur, District - Muzaffarpur 3. Rajesh Sahni S/o Ramadhar Sahni R/o Village - Gohuachak (Gehuachak), P.S - Motipur, District - Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Nitu Kumari, Adv. For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 22-07-2026 Heard the learned Advocate for the petitioners and the learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in connection with Motipur P.S. Case No. 185 of 2026, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. Acting on a tip-off regarding manufacturing of illicit wine, the police conducted raid. However, noticing the police party, the petitioners have succeeded in fleeing away, taking advantage of maize field, who were identified by the local Chaukidar. In course of search, 80 litres country made Patna High Court CR. MISC. No.48327 of 2026(2) dt.22-07-2026 2/3 chulai liquor; 2,000 semi-manufactured illicit wine, which has been destroyed, and other utensils and jars were recovered, which were being used for the purposes of manufacturing of illicit wine. 4. Learned Advocate for the petitioners referring to the FIR contended that the alleged recovery has been made from the bank of Gandak river and thus, easily accessible to all. The identification of the petitioners also appears to be suspected as the local Chaukidar belongs to different village. Moreover, the name of the petitioners are said to have been implicated only on account of their criminal antecedent of identical nature, as has been disclosed in paragraph no. 3 of the bail application. There is non-compliance of Sections 103(4) and 105 of the BNSS. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the petitioners were engaged in manufacturing of illicit wine and a huge amount of semi-manufactured illicit wine were recovered. 6. Having considered the submissions advanced on behalf of the learned Advocate for the respective parties and taking note of the fact that the alleged recovery has been made from the bank of the river, which is an open place and not within the domain of the petitioners, besides the defiance of specific Patna High Court CR. MISC. No.48327 of 2026(2) dt.22-07-2026 3/3 prescriptions of the BNSS and the lack of materials which attract the rigors provided under section 76(2) of the Bihar Prohibition and Excise Act, 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/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise Court-II, Muzaffarpur in connection with Motipur P.S. Case No. 185 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 petitioners. shivank/- (Harish Kumar, J) U T