IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58795 of 2026 Arising Out of PS. Case No.-143 Year-2026 Thana- DAWATH District- Rohtas ====================================================== 1. Munna Singh S/O Shambhu Sing @ Marchay Singh Resident of Village- Dihira, P.S- Bikramganj, Distt.- Rohtas. 2. Tunna Singh @ Tunna Kumar S/O Shambhu Singh @ Marchay Singh Resident of Village- Dihira, P.S- Bikramganj, Distt.- Rohtas. 3. Manji Ram @ Manaji Ram S/O Uma Ram Resident of Village- Dihira, P.S- Bikramganj, Distt.- Rohtas. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dharmendra Kumar Singh, Adv. For the Opposite Party/s : Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 19-08-2026 Heard learned Advocate for the petitioners and learned Advocate for the State. 2. The petitioners apprehend their arrest in connection with Dawath P.S. Case No.143 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 manufacture and sale of illicit liquor, the police conducted raid at a place near Tilakpur Chilka (Karha). However, on noticing the police party, some of the persons assembled at the spot allegedly managed to flee away. The Mahal Chowkidar disclosed the names of the Patna High Court CR. MISC. No.58795 of 2026(2) dt.19-08-2026 2/3 petitioners as being involved in the manufacture and storage of illicit liquor. During the course of search, 55 litres of country- made Chulahi liquor was allegedly recovered. 4. Learned Advocate for the petitioners submitted that, apart from the fact that the alleged recovery has been made from an open place, which is easily accessible to all, the raid was conducted during the night, and, therefore, the subsequent identification of the petitioners by the Mahal Chowkidar in the light of a torch appears to be doubtful. It is further submitted that the petitioners have been falsely implicated with mala fide intention and there has also been non-compliance of the statutory requirements prescribed under Sections 103 and 105 of the BNSS. Moreover, the petitioners have clean antecedents and undertake to fully cooperate in the proceedings of the Court. 5. On the other hand, learned APP for the State, vehemently opposed the prayer for anticipatory bail and submitted that the petitioners were duly identified by the Mahal Chowkidar and the recovery of illicit liquor was also effected in connection with the alleged occurrence. 6. Having considered the submissions advanced on behalf of the respective parties and taking note of the fact that the alleged recovery has been made from an open place, which Patna High Court CR. MISC. No.58795 of 2026(2) dt.19-08-2026 3/3 is easily accessible to all, besides the identification of the petitioners, particularly in view of the fact that the raid was conducted during the night and their subsequent identification was allegedly made in torchlight, also appears to be doubtful at this stage, coupled with the non-compliance of the statutory requirements prescribed under Sections 103 and 105 of the BNSS as also there is no sufficient material presently available on record 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 Exclusive Special Judge Excise Court No.1, Rohtas at Sasaram in connection with Dawath P.S. Case No.143 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 petitioners. rohit/- (Harish Kumar, J) U T