IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47731 of 2026 Arising Out of PS. Case No.-153 Year-2026 Thana- BIKRAMGANJ District- Rohtas ====================================================== 1. Radheshyam Singh S/o Ramashraya Singh Resident of Village- Reriya, Ward No.- 3, P.S.- Bikramganj, District- Rohtas 2. Raj Kumar S/o Radheshyam Singh Resident of Village- Reriya, Ward No.- 3, P.S.- Bikramganj, District- Rohtas ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashi Kant, Adv. For the Opposite Party/s : Mr. Akshay Lal Pandit, 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 Bikramganj P.S. Case No. 153 of 2026, registered for the offences punishable under Sections 30 (a) of the Bihar Prohibition and Excise Act. 3. The police, acting on a tip-off regarding storage and sale of illicit wine, conducted raid and recovered 15 liters of illicit wine from the dalan of the petitioners. 4. Learned Advocate for the petitioners submitted that the dalan from where the alleged recovery has been made is an open place easily accessible to all and only on account of the Patna High Court CR. MISC. No.47731 of 2026(2) dt.22-07-2026 2/3 past criminal antecedent of the petitioner no. 1, in identical matter, his name has been implicated in this case, without there being any cogent materials suggesting his complicity in the crime. Mere criminal antecedent of a person cannot be the sole ground to keep him behind the bar, is the contention of the learned Avocate. It is further contended that the materials available on record also do not attract the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act. Besides, there is complete defiance of Section 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 petitioner no. 1 is carrying five criminal antecedent over his head and he appears to be a habitual offender indulged in trafficking of illicit wine. Besides, the anticipatory bail is 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 from an open place easily accessible to all, coupled with the fact that there is complete defiance of Sections 103(4) and 105 of the BNSS, as well as the absence of cogent materials which attract Patna High Court CR. MISC. No.47731 of 2026(2) dt.22-07-2026 3/3 the rigors to maintain the anticipatory bail, 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 No. 1, Rohtas at Sasaram in connection with Bikramganj P.S. Case No. 153 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further conditions that:- (I) One of the bailors shall be the own/close family members of the petitioners. (II) If the petitioner no. 1 shall found indulge in such activities in future, the State shall be at liberty to file an application for cancellation of his bail. shivank/- (Harish Kumar, J) U T