IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51191 of 2026 Arising Out of PS. Case No.-299 Year-2026 Thana- MALSALAMI District- Patna ====================================================== Toofani Rai Son of Late Chinta Rai @ Chinta Ray Resident of village- Nuruddinganj, PS- Malsalami, Dist- patna, P/A- Resident of village- Sukumarpur, Jafrabad, PS- Raghopur, Dist- Vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Kumar, Adv. For the Opposite Party/s : Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 29-07-2026 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 Malsalami P.S. Case No. 299 of 2026, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The allegation against the petitioner is of involved in storage and sale of illicit wine. The police conducted raid. However, noticing the police personnels, one person succeeded in fleeing away, who was later on identified by the villagers as the petitioner. In course of search, total 120 liters country-made mahua liquor was recovered. 4. Learned Advocate for the petitioner submitted that the entire recovery has been made from an open place, easily Patna High Court CR. MISC. No.51191 of 2026(2) dt.29-07-2026 2/3 accessible to all. The name of the petitioner has been implicated only on account of suspicion and his past criminal antecedent of identical nature, the details whereof have been mentioned in paragraph number 3 of the bail application. There is no material collected during the course of investigation which suggests the complicity of the petitioner in crime. Besides, there is non- compliance of the statutory prescriptions of Section 103(4) of the BNSS. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that there is complete bar to maintain the anticipatory bail under Section 76(2) of the Bihar Prohibition and Excise Act. 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, besides there is defiance of Section 103(4) of the BNSS, and the lack of materials which attract the strict legal bar to consider the plea of 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 Patna High Court CR. MISC. No.51191 of 2026(2) dt.29-07-2026 3/3 amount each to the satisfaction of the learned Exclusive Special Court of Excise Act, Patna City in connection with Malsalami P.S. Case No. 299 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