IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51188 of 2026 Arising Out of PS. Case No.-64 Year-2026 Thana- BHEJA District- Madhubani ====================================================== Fulchand Yadav @ Fulchan Yadav Son of Bihari Yadav Resident of Village- Sundari, P.S.- Bheja, District- Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Jha, Adv. For the Opposite Party/s : Ms. Suman Kumari 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 Bheja P.S. Case No. 64 of 2026, registered for the offences punishable under Sections 274, 275 and 3(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act. 3. The allegation against the petitioner is of indulged in trade of illicit wine. The police conducted raid in the village Bhargama. However, noticing the police party, some of the persons succeeded in fleeing away, out of whom the petitioner is also identified by Mahal Chowkidar. In course of search, total 58.64 liters Indian-made foreign liquor was recovered from a pit situated behind the house of Kishun Yadav. 4. Learned Advocate for the petitioner submitted that Patna High Court CR. MISC. No.51188 of 2026(2) dt.29-07-2026 2/3 the reason for false implication of the petitioner is only his past criminal antecedent of identical nature, the details whereof have been disclosed in paragraph number 3. Save and except the disclosure and identification by the Mahal Chowkidar, there is no material suggesting the complicity of the petitioner in crime. The alleged recovery has been made from a pit situated behind the house of one Kishun Yadav, which is an open place easily accessible to all, and the petitioner has no concern with the place of occurrence. Since nothing has been recovered from the whereabouts of the petitioner, nor during the course of investigation any material has surfaced suggesting the complicity of the petitioner in crime and, as such, the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act would not be attracted in the case at hand, is the submission of the learned Advocate for the petitioner. 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 alleged recovery has been made from an open place easily accessible to all, coupled with the non-compliance of Section 103(4) of the BNSS, besides the lack Patna High Court CR. MISC. No.51188 of 2026(2) dt.29-07-2026 3/3 of material which attracts the 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 Judge (Excise), Jhanjharpur, Madhubani in connection with Bheja P.S. Case No. 64 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