Sikindar Sahani @ Sikandar SahaniversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35677 of 2026
                   Arising Out of PS. Case No.-420 Year-2025 Thana- SUGAULI District- East Champaran
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                 Sikindar Sahani @ Sikandar Sahani S/o Ram Sevak Sahani, Resident of
                 Village - Bheriyari, P.S. - Sugauli, Dist. - East Champaran.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                       ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar, Adv.
                 For the Opposite Party/s :       Mr. Sunil Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   02-06-2026                   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 Sugauli P.S. Case No. 420 of 2025, registered for the

                   offences punishable under Sections 30 (a) of the Bihar

                   Prohibition and Excise Act.

                                 3. Acting on tip off regarding manufacturing of illicit

                   wine, the police conducted raid over Mujawan Chewar under

                   village Bheriyahi. However, noticing the police party, five

                   persons, who were indulge in manufacturing the liquor and

                   packaging, succeeded in fleeing away. The local people

                   disclosed the name of those persons, including the name of

                   petitioner. On search, total 260 liters illicit country made chulai
Patna High Court CR. MISC. No.35677 of 2026(2) dt.02-06-2026
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          liquor was recovered; besides 3,000 liters raw materials,

          including pas which was destroyed at the place of occurrence.

                       4. Learned Advocate for the petitioner submitted that

          the entire search and seizure appears to be in complete defiance

          of Sections 103 and 105 BNSS. Neither there is independent

          witnesses nor the seizure has been made under videography.

          Moreover, the alleged recovery has been made from an open

          place, which is easily accessible to all, besides there is a

          doubtful identification by the local Chaukidar. The reason

          behind the false implication is said to be the past criminal

          antecedent of identical nature, as has been disclosed in

          paragraph no. 3 of the bail application. Nothing has been

          recovered from the conscious and constructive possession of the

          petitioner and there is complete absence of ingredients attracting

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

          and Excise (Amendment) Act.

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

          opposed the pre-arrest bail application and submitted that the

          huge recovery of country made illicit wine and disclosure of the

          name of the petitioner by the local Chaukidar clearly suggest his

          complicity in the crime, besides he is carrying four criminal

          antecedent.
            Patna High Court CR. MISC. No.35677 of 2026(2) dt.02-06-2026
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                                   6. Having considered the submissions advanced by

                      learned Advocate for the respective parties and taking note of

                      the defiance in the search and seizure, coupled with the fact that

                      the alleged recovery has been made from an open place and

                      there is no ingredients attracting the rigors provided under

                      section 76 (2) Bihar Prohibition and Excise (Amendment) Act,

                      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.20,000/- (twenty

                      thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Special Judge, Excise Court No. - I,

                      East Champaran, Motihari in connection with Sugauli P.S. Case

                      No. 420 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