Sunil Sahani @ Sunil Kumar SahaniversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35632 of 2026
                   Arising Out of PS. Case No.-248 Year-2026 Thana- SAHEBGANJ District- Muzaffarpur
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           1.     Sunil Sahani @ Sunil Kumar Sahani S/o Ramdev Sahani Resident of
                  Village- Hussepur Naya Tola, P.S.- Sahebganj, District- Muzaffarpur
           2.    Anil Sahani S/o Ramdev Sahani Resident of Village- Hussepur Naya Tola,
                 P.S.- Sahebganj, District- Muzaffarpur
           3.     Dukhan Sahani S/o Chhotanku Sahani Resident of Village- Hussepur Naya
                  Tola, P.S.- Sahebganj, District- Muzaffarpur
                                                                          ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                              ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Bal Govind Sharma, Adv.
                 For the Opposite Party/s :       Mr. Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   01-06-2026                  Heard the learned Advocate for the petitioners and the

                   learned Additional Public Prosecutor for the State through

                   virtual mode.

                                2. The petitioners apprehend their arrest in connection

                   with Sahebganj P.S. Case No. 248 of 2026, registered for the

                   offences punishable under Sections 30(a) and 30(d) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. The police on a tip of manufacturing of illicit wine

                   conducted raid at Hussepur Diara. However, noticing the police

                   party, the persons, who were present there succeeded in fleeing

                   away. In course of search, total 200 liters of country made

                   chulai liquor was recovered; besides 1600 liters raw jawa was

                   destroyed at the place of occurrence, itself. The local people
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          disclosed the name of the petitioners, as the persons engaged in

          manufacturing of illicit wine.

                       4. Learned Advocate for the petitioners referring to

          the F.I.R contended that besides the fact that the witnesses are

          none else but the police personnel, no other utensils and

          manufacturing materials have been recovered, which suggest

          that the place was used for manufacture of illicit wine. The

          recovery has been made from an open place, which does not

          belong to the petitioners. The reason behind the false

          implication of the petitioners is said to be their past criminal

          antecedent, as has been disclosed in paragraph no. 3 of the bail

          application. Save and except the disclosure made by the local

          people, whose names have even not been disclosed, there is no

          material suggesting their complicity in the crime. Besides there

          is absence of any cogent material attracting the rigors provided

          under section 76 (2) of the Bihar Prohibition and Excise

          (Amendment) Act, there is complete defiance of the provisions

          of Sections 103 and 105 of the BNSS.

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

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

          quantity of illicit wine and the raw materials were recovered at

          the place of occurrence and the petitioners are said to have been
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                      involved in manufacturing of illicit wine.

                                   6. Having considered the submissions advanced by

                      learned Advocate for the respective parties and taking note of

                      the fact that alleged recovery has been made from an open place

                      easily accessible to all and save and except the disclosure made

                      by the local people, there is no other material except the

                      criminal antecedent of the petitioners, which attracts the rigors

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

                      (Amendment) Act, let the petitioners above named be released

                      on bail, in the event of their 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) each with two sureties of

                      the like amount each to the satisfaction of the learned Exclusive

                      Special Judge Excise-II, Muzaffarpur in connection with

                      Sahebganj P.S. Case No. 248 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 petitioners.



                                                  (Harish Kumar, J)
shivank/-

U      T