IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48331 of 2026 Arising Out of PS. Case No.-384 Year-2025 Thana- RIGA District- Sitamarhi ====================================================== Suresh Bhagat Son of Late Ram Eqbal Bhagat Resident of Village- Dharampur, P.S.- Rampur Hari, District- Muzaffarpur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ritesh Kumar Narain Singh, Adv. For the Opposite Party/s : Mr. M K Nirala, 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 Riga P.S. Case No. 384 of 2025, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2022. 3. The police, suspecting the trafficking of illicit wine, intercepted a tempo. However, noticing the police, one person succeeded in fleeing away and another person was caught by the police, who disclosed his name as Rajan Kumar. The person who succeeded in fleeing away is named as Saroj Kumar. In course of search, total 102 liters of Nepali Saufi liquor was recovered. 4. Learned Advocate for the petitioner submitted that Patna High Court CR. MISC. No.48331 of 2026(2) dt.22-07-2026 2/3 the name of the petitioner has been implicated in this case by virtue of he being owner of the tempo, in question. In fact, the tempo was being run by the driver, Rajan Kumar for the purposes of carrying passengers on rent and the petitioner had no information that his tempo has ever been used for the purposes of transportation of illicit wine. The petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceeding of the Court. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application. 6. Having considered the submissions advanced on behalf of the learned Advocate for the respective parties and taking note of the fact that the name of the petitioner has been implicated in this case only on account of he being owner of the tempo, in question, besides there is no materials collected during the course of investigation which suggests his complicity in the crime, as also the fair antecedent of the petitioner, and lack of materials which attracts the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act to maintain anticipatory bail, 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 Patna High Court CR. MISC. No.48331 of 2026(2) dt.22-07-2026 3/3 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 Court No. 1, Sitamarhi in connection with Riga P.S. Case No. 384 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