IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58791 of 2026 Arising Out of PS. Case No.-318 Year-2026 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Garhan Rawat @ Grahan Ravat S/o Late Ramashish Rawat R/o Village - Ushari, P.S. - Baikunthpur, Dist. - Gopalganj. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar, Adv. For the Opposite Party/s : Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 19-08-2026 Heard learned Advocate for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest in connection with Baikunthpur P.S. Case No.318 of 2026 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 at Badholi Diyara. However, on noticing the police party, one of the persons present at the spot allegedly managed to flee away and was subsequently identified as the petitioner. During the course of search, 65 litres of illicit liquor was allegedly recovered from beneath the soil at Badholi Diyara. 4. Learned Advocate for the petitioner, taking this Patna High Court CR. MISC. No.58791 of 2026(2) dt.19-08-2026 2/3 Court through the allegations made in the FIR, submitted that the alleged recovery was admittedly effected from an open place, which is eaisly accessible to all, and, therefore, the petitioner cannot be held responsible for the said recovery. It is further submitted that the alleged identification of the petitioner by the Mahal Chowkidar appears to be wholly doubtful, particularly when the petitioner and the said Mahal Chowkidar belong to different places. It is also contended that there is no compliance of Section 103(4) of the BNSS, inasmuch as the witnesses to the alleged search and seizure are none else but the police personnel. Further, the mandatory requirements prescribed under Section 105 of the BNSS have also not been complied with. The petitioner has been falsely implicated primarily on account of his two previous criminal antecedents, both of similar nature. 5. Learned APP for the State, on the other hand, vehemently opposed the prayer for anticipatory bail and submitted that the petitioner was not only identified at the place of occurrence, but recovery of illicit liquor was also effected, and also he bears two criminal antecedent. 6. Having considered the submissions advanced on behalf of the respective parties and taking note of the materials Patna High Court CR. MISC. No.58791 of 2026(2) dt.19-08-2026 3/3 available on record, especially the fact that the alleged recovery has been made from an open place, besides the doubtful identification of the petitioner and the lack of materials which attract the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, so as to disentitle the petitioner from the privilege of anticipatory bail as well as the non-compliance of the statutory requirements prescribed under Sections 103(4) and 105 of the BNSS, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge- XIII-cum-Spl. Excise Court No.1, Gopalganj in connection with Baikunthpur P.S. Case No.318 of 2026, 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 petitioner. rohit/- (Harish Kumar, J) U T