Alakh PaswanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 35351 of 2026
                     Arising Out of PS. Case No.-25 Year-2026 Thana- Mathurapur District- Samastipur
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                 Alakh Paswan S/o Late Ramchandra Paswan Resident of Village- Hansa, P.S.-
                 Mathurapur, District- Samastipur

                                                                                      ... ... Petitioner
                                                        Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mahendra Pratap, Adv.
                 For the Opposite Party/s :        Mr. Anita Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   01-06-2026                  Heard Mr. Mahendra Pratap, learned Advocate for the

                   petitioner and Ms. Anita Kumari, learned Additional Public

                   Prosecution for the State through virtual mode.

                                2. The petitioner apprehends his arrest in connection

                   with Mathurapur P.S. Case No. 25 of 2026, registered for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   & Excise (Amendment) Act.

                                3. Acting on a tip off, regarding concealment of illicit

                   wine, the police conducted a raid in the under constructed house

                   of the petitioner. However, noticing the police party, the persons

                   who were assembled there, succeeded in fleeing away. On

                   search, total 15 litres of country-made illicit liquor was

                   recovered.

                                4. Learned Advocate for the petitioner taking this
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          Court to the search and seizure memo submitted that admittedly

          the alleged recovery has been made from an under constructed

          house and as such, the petitioner cannot be held responsible for

          any recovery. Further contended that the witnesses are none else

          but the police personnels and as such, there is clear defiance of

          Section 103 of the B.N.S.S. The petitioner bears fair antecedent

          and moreover, there is no materials collected during the course

          of investigation, which suggests the complicity of the petitioner

          in the crime.

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

          vehemently opposed the bail application and submits that

          besides the recovery of 15 litres country-made illicit liquor,

          there is a bar created under Section 76(2) of the Bihar

          Prohibition & Excise Act to maintain anticipatory bail.

                       6. Having considered the submissions advanced by

          the learned Advocates for the respective parties and taking note

          of the fact that the alleged recovery has been made from an

          under constructed house and there is no cogent material which

          attract the rigors provided under Section 76(2) of the Bihar

          Prohibition & Excise Act, as also fair antecedent of the

          petitioner, let the petitioner above named be released on bail, in

          the event of his arrest or surrender before the court below within
            Patna High Court CR. MISC. No. 35351 of 2026(2) dt.01-06-2026
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                      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/-

                      (Rupees Ten Thousand) with two sureties of the like amount

                      each to the satisfaction of the learned Special Judge Excise-II,

                      Samastipur in connection with Mathurapur P.S. Case No. 25 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.



                                                  (Harish Kumar, J)
sadique/-

U      T