Shushil Das @ Sunil DasversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35360 of 2026
                    Arising Out of PS. Case No.-153 Year-2026 Thana- MINAPUR District- Muzaffarpur
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                 Shushil Das @ Sunil Das S/o Ramchandra Das, R/o Village - Mahmudpur,
                 P.S - Ahiyapur, District - Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vibhuti Kumar, Adv.
                 For the Opposite Party/s :       Mr. Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   01-06-2026                  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 Minapur P.S. Case No. 153 of 2026, registered for the

                   offences punishable under Sections 30(a) of the Bihar

                   Prohibition and Excise Act, 2022.

                                3. Acting on a tip regarding concealment of illicit

                   wine, the police conducted raid over the litchi orchard of one

                   Awadh Bihari. Noticing the police party one person succeeded

                   in fleeing away, who was later on identified as the petitioner. In

                   course of search, the police recovered 84 liters of Indian made

                   foreign liquor and accordingly the seizure list was prepared.

                                4. Learned Advocate for the petitioner submitted that
Patna High Court CR. MISC. No.35360 of 2026(2) dt.01-06-2026
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          as per the F.I.R and the search and seizure memo, it is evident

          that the alleged recovery has been made from the litchi orchard

          of one Awadh Bihari. The petitioner has neither any concern

          with the land, in question, nor with the alleged recovered illicit

          wine. Only on account of one criminal antecedent of identical

          nature, the name of the petitioner has been implicated in this

          case without there being any material suggesting the complicity

          of the petitioner. There is complete defiance of Sections 103 and

          105 of the BNSS. It is further contended that there is no cogent

          material collected during the course of investigation and the

          allegation even if taken to be true for the sake of argument, the

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

          and Excise Amendment Act, 2018 is not attracted.

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

          opposed the pre-arrest bail application and submitted that a huge

          consignment of illicit liquor was recovered from the orchard and

          this petitioner was identified by local Chaukidar.

                       6. Having considered the submissions advanced by

          learned Advocate for the respective parties and taking note of

          the suspicious identification by the local Chaukidar, coupled

          with the fact that the alleged recovery has been made from a

          place, which does not belong to the petitioner, as also the
            Patna High Court CR. MISC. No.35360 of 2026(2) dt.01-06-2026
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                      deficiency pointed out in the search and seizure memo and no

                      material attracting the rigors provided under Section 76 (2) of

                      the Bihar Prohibition and Excise Amendment Act, 2018, 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 Court of Exclusive Special Excise Court-I,

                      Muzaffarpur, in connection with Minapur P.S. Case No. 153 of

                      2026, subject to the conditions laid down in Section 482(2) of

                      the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further

                      conditions that one of the bailors shall be the own/close family

                      members of the petitioner.



                                                  (Harish Kumar, J)
shivank/-

U      T