Kamlesh ChaudharyversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23634 of 2026
                  Arising Out of PS. Case No.-799 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
                 ======================================================
                 Kamlesh Chaudhary S/O Kewal Chaudhary Resident of village- Makhdumpur
                 Dih Chaudhary Tola, P.S.- Makhadumpur, Dist.- Jehanabad

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Amrendra Kumar Singh, Adv.
                 For the Opposite Party/s :      Mr. Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

3   03-06-2026                  Heard the learned Advocate for the petitioner and the

                   learned Additional Public Prosecutor for the State through

                   virtual mode.

                                2. The petitioner apprehends his arrest in connection

                   with Makhdumpur P.S. Case No. 799 of 2025, registered for the

                   offences punishable under Sections 30(a) of the Bihar

                   Prohibition and Excise Act, 2016.

                                3. Acting on a tip off regarding sale and storage of

                   illicit wine, the police conducted raid in the house of the

                   petitioner and recovered 15 liters of country made liquor under

                   the stair of his house.

                                4. Learned Advocate for the petitioner submitted that

                   the entire case falls to the ground for the simple reason that the

                   witnesses are none else but the police personnels. Had the
Patna High Court CR. MISC. No.23634 of 2026(3) dt.03-06-2026
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          recovery been made from the house of the petitioner, there

          would have been signature of the family members of the

          petitioner, but surprisingly, the witnesses are none else but the

          police personnels. Taking this Court through the FIR, it is

          further contended that the mala fide of the police personnels is

          also evident that they disclosed that all the recovery of illicit

          wine, even from the different accused persons, have been made

          under the stair of their respective houses. The false implication

          of the petitioner is said to be because of his past criminal

          antecedent of identical nature.

                       5. On the other hand, learned Advocate for the State

          opposed the pre-arrest bail application and submits that recovery

          is made from the house of the petitioner and his criminal

          antecedent in six identical matters as also the express bar to

          maintain anticipatory bail under Section 76(2) of the Bihar

          Prohibition and Excise (Amendment) Act clearly disentitle the

          petitioner for anticipatory bail.

                       6. Regard being had to the submissions made on

          behalf of the parties and considering the fact that despite the

          alleged recovery having been made from the house of the

          petitioner, there is no signature of any of the family members

          much less any independent witness, besides the similar recovery
            Patna High Court CR. MISC. No.23634 of 2026(3) dt.03-06-2026
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                      from the different accused persons, that too, under the staircase

                      and thus lacking cogent ingredients attracting the rigors

                      provided under Section 76(2) of the Bihar Prohibition and

                      Excise (Amendment) Act; moreover, mere criminal antecedent

                      of a person cannot be the sole ground to refuse anticipatory bail

                      in absence of other relevant materials, 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

                      Special Excise Judge-I, Jehanabad in connection with

                      Makhdumpur P.S. Case No. 799 of 2025, 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.



                                                  (Harish Kumar, J)
shivank/-

U      T