IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47730 of 2026 Arising Out of PS. Case No.-91 Year-2026 Thana- EXCISE GOGRI District- Khagaria ====================================================== Pappu Kumar @ Pappu Laheri Son of Late Daso Laheri Resident of Village- Jamalpur, Paswan Tola, Ward No. 29, P.S.- Gogari, District- Khagaria ... ... 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 : Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 22-07-2026 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 Gogari Excise P.S. Case No. 91 of 2026, registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Amendment Act, 2018. 3. The police on a tip-off regarding storage and sale of illicit wine, conducted a raid in the tea stall of the petitioner, and in course of search, recovered 1.800 liters Indian made foreign liquor behind his shop. 4. Learned Advocate for the petitioner taking this Court through the FIR as well as the seizure memo submitted that admittedly the alleged recovery has been made behind the shop of the petitioner, which is an open place easily accessible Patna High Court CR. MISC. No.47730 of 2026(2) dt.22-07-2026 2/3 to all. The entire case is based upon suspicion and there is no cogent material suggesting the complicity of the petitioner in crime. There is complete violation of Section 103(4) of the BNSS. Besides, the reason of false implication of the petitioner is said to be his two criminal antecedents. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that in view of Section 76(2) of the Bihar Prohibition and Excise Act, the present anticipatory bail is prima facie not maintainable. 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 behind the shop of the petitioner, which is an open place easily accessible to all, coupled with the absence of the materials attracting the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act, as well as there is defiance of Section 103(4) 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 Patna High Court CR. MISC. No.47730 of 2026(2) dt.22-07-2026 3/3 Excise Judge II, Khagaria in connection with Gogari Excise P.S. Case No. 91 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