IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51071 of 2026 Arising Out of PS. Case No.-101 Year-2025 Thana- PHULWARIYA District- Gopalganj ====================================================== 1. Kundan Kumar Yadav Son of Rajendra Prasad Resident of Village- Rampur Kala (Sukhanar Tola), P.S.- Fulwariya, District- Gopalganj. 2. Ajay Yadav Son of Fulean Yadav R/o Village- Husepur, P.S.- Bhore, District- Gopalganj. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Deepankar Raj, Adv. For the Opposite Party/s : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 29-07-2026 Heard learned Advocate for the petitioners and learned Advocate for the State. 2. The petitioners apprehend their arrest in connection with Fulwariya P.S. Case No.101 of 2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. 3. Acting on a tip-off regarding the storage and sale of illicit liquor, the police conducted raid and apprehended two persons. During the course of the search, 90 litres of country- made liquor were recovered. The apprehended persons, during interrogation, disclosed the names of their alleged accomplices, including the names of the present petitioners. Patna High Court CR. MISC. No.51071 of 2026(2) dt.29-07-2026 2/3 4. Learned Advocate for the petitioners contended that the alleged recovery was made from an open place and, as per the First Information Report, the contraband was recovered from the possession of the co-accused persons. Save and except the confessional statement of the co-accused, there is not an iota of material to suggest the complicity of the petitioners in the alleged offence. It is further submitted that the petitioners have been falsely implicated solely on account of their past criminal antecedents, as disclosed in paragraph 3 of the bail application. It is argued that the witnesses to the search and seizure are none else but the police personnel, thereby constituting non- compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It is lastly submitted that no recovery has been effected from the possession or at the instance of the petitioners, nor has any material surfaced indicating their involvement in the alleged offence. Consequently, the rigours provided under Section 76(2) of the Bihar Prohibition and Excise Act, 2016 are not attracted in the facts and circumstances of the present case. 5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the petitioners appear to be habitual offenders, carrying three criminal antecedent each. Patna High Court CR. MISC. No.51071 of 2026(2) dt.29-07-2026 3/3 6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the materials available on record, especially the fact that save and except the disclosure made by the apprehended persons, there is no material suggesting the complicity of the petitioners, besides lack of materials attracting the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge-XIII-cum-Special Excise Court No.-I, Gopalganj in connection with Fulwariya P.S. Case No.101 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioners. rohit/- (Harish Kumar, J) U T