IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48397 of 2026 Arising Out of PS. Case No.-630 Year-2025 Thana- BYPASS District- Patna ====================================================== Vikash Kumar @ Rajat Kumar @ Teniya S/o Ramsagar Kewat R/o Bahri Dhawalpura, Gope Toli, Panchit Akhra Baithka par, P.S.- Bypass, Distt.- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nityanand Kumar, Advocate For the Opposite Party/s : Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 22-07-2026 Heard learned Advocate for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in connection with Bypass P.S. Case No. 630 of 2025, registered for the offenses punishable under Sections 30(a) of the Bihar Prohibition and Excise Act. 3. Acting on a tip off regarding packaging of illicit wine, the police conducted raid, however, noticing the police personnel, one person, who was present there, succeeded in fleeing way but later on identified as the petitioner. In course of search, total 105 liters of country made liquor was recovered. 4. Learned Advocate for the petitioner submits that the very identification of the petitioner is unfounded and appears to be suspicious, as his identification has been made by Patna High Court CR. MISC. No.48397 of 2026(2) dt.22-07-2026 2/3 spy of the police. So far the recovery is concerned, the same has been made nearby a canal which is an open place, and easily accessible to all. There is complete defiance of Section 103(4) as well as 105 of the BNSS and the petitioner bears fair antecedent. 5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that in course of raid, more than 100 liters of illicit wine was recovered in a sack, which was said to have been thrown by the petitioner. 6. Having considered the submissions advanced by the learned Advocate for the respective parties and considering the fact that the alleged recovery has been made from an open place easily accessible to all, coupled with the doubtful identification of the petitioner as also the fair antecedent and lack of materials, which attracts rigors to maintain the 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 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 court of Excise, Patna High Court CR. MISC. No.48397 of 2026(2) dt.22-07-2026 3/3 Patna City, Patna in connection with Bypass P.S. Case No. 630 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. siddharth/- (Harish Kumar, J) U T