Mukesh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37844 of 2026
                       Arising Out of PS. Case No.-182 Year-2025 Thana- PATEPUR District- Vaishali
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                 Mukesh Kumar S/o- Mahendra Ray R/o Vill- Majhrabad (Kheshrahi), P.S.-
                 Patepur (Harilochanpur), District- Vaishali.

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr.Anish Kumar, Adv.
                 For the Opposite Party/s :        Mr.Sanjay Kumar Pandey, APP
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                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   03-06-2026                  Heard Mr. Anish Kumar, learned Advocate for the

                   petitioner and Mr. Sanjay Kumar Pandey, learned Additional

                   Public Prosecutor for the State through virtual mode.

                                2. The petitioner apprehends his arrest in connection

                   with Patepur P.S. Case No. 182 of 2025, registered for the

                   offences punishable under Sections 30(a), 32 (2), 41(1) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Acting on a tip off regarding trafficking of illicit

                   wine, the police intercepted a Truck container bearing

                   registration No. RJ-2GB-3170 and in course of search total

                   2162.88 litre Indian made foreign liquor was recovered. The

                   petitioner along with others are said to be traffickers of the illicit

                   wine and accordingly the FIR has been instituted against them.

                                4. Learned Advocate for the petitioner submitted that
Patna High Court CR. MISC. No.37844 of 2026(2) dt.03-06-2026
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          the petitioner has neither any concern with the vehicle in

          question nor with the illicit wine. However, only on account of

          past criminal antecedent of identical nature as has been

          disclosed in para-3, his name has been implicated in this case

          without there being any cogent material collected during course

          of investigation suggesting any complicity in the crime. There is

          absolutely no compliance of Sections 103 and 105 of the BNSS

          and since there is no recovery from the conscious or

          constructive possession of the petitioner, the rigors provided

          under Section 76 of the Bihar Prohibition and Excise

          (Amendment) Act would not be applicable, is the contention of

          the learned Advocate.

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

          vehemently opposed the bail application and submitted that out

          of four criminal cases, three cases of identical nature are

          pending against the petitioner and there is complete bar to

          maintain anticipatory bail.

                       6. Having considered the submissions advanced on

          behalf of the respective parties and taking note of the fact that

          save and except the petitioner is said to be trafficker of the illicit

          wine, there is no material suggesting his complicity in the crime,

          besides there is defiance of Sections 103 and 105 of the BNSS
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                     and lack of cogent material attracting the rigors provided under

                     Section 76(2) of the Bihar Prohibition and Excise (Amendment)

                     Act, let the petitioner abovenamed 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 Exclusive Special Excise Court No.

                     II-cum- District and Additional Sessions Judge, Vaishali at

                     Hajipur in connection with Patepur P.S. Case No. 182 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)
Anjani/-

U      T