Vinod SahaniversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39111 of 2026
                     Arising Out of PS. Case No.-283 Year-2024 Thana- PIPRA District- East Champaran
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                 Vinod Sahani S/O Tilak Sahani R/O Vill.- Hirachhapra, P.S.- Kalyanpur,
                 Dist.- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sumit Kumar Gupta, Adv.
                                                   Ms. Isha Mishra, Adv.
                 For the Opposite Party/s :        Mr. Mohammed Arif, APP
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                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   17-06-2026                   Heard the learned Advocate for the petitioner and the

                   learned Additional Public Prosecutor for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Pipra P.S. Case No. 283 of 2024, registered for the offences

                   punishable under Section 317(5) of the B.N.S. and Section 30(a)

                   & 41(1) of Bihar Prohibition and Excise Act, 2016.

                                 3. Acting on a tip off trade of illicit wine, the police

                   conducted raid and apprehended a person with a motorcycle. In

                   course of search, 48 liters of country made liquor was recovered

                   from the plastic sack tied on it.

                                 4. Learned Advocate for the petitioner submitted that

                   though the FIR has been instituted against co-accused Laddu

                   Kumar, who was apprehended by the police. But subsequently,
Patna High Court CR. MISC. No.39111 of 2026(2) dt.17-06-2026
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          during the course of investigation, when the police found that

          the motorcycle, in question, belongs to the petitioner, the name

          of the petitioner has been implicated in this case. Only on

          account of the fact that the petitioner being owner of the

          motorcycle, in question, his name has been implicated without

          there being any cogent material, suggesting his complicity in the

          crime. On the alleged date of occurrence, the motorcycle was

          taken away by the brother of co-accused Laddu Kumar, who

          happens to be son-in-law of the petitioner and the petitioner was

          not aware of the fact that his motorcycle has ever been used for

          illicit purpose. It is further contended that there is complete

          defiance of Sections 103 and 105 of the BNSS. The petitioner

          bears fair antecedent and all the more, there is lack of any

          material which attract the rigors provided under Section 76(2) of

          Bihar Prohibition and Excise Act.

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

          opposed the pre-arrest bail application and submits that the

          involvement of the petitioner in the crime clearly suggest his

          complicity, besides there is a bar of anticipatory bail in such

          matter.

                       6. Having considered the submissions advanced on

          behalf of the learned Advocate for the respective parties and
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                      taking note of the fact that save and except the petitioner being

                      owner of the motorcycle, in question, there is no other material

                      suggesting the complicity of the petitioner, besides there is lack

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

                      of Bihar Prohibition and Excise Act, as also the fair antecedent,

                      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 Exclusive Special Excise Court No. 3,

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

                      No. 283 of 2024, 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