Azad YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39154 of 2026
                        Arising Out of PS. Case No.-107 Year-2026 Thana- MANSI District- Khagaria
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                 Azad Yadav S/o Late Gulo Yadav Resident of Village- Khutiya, P.s.- Mansi,
                 District-Khagaria

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Binod Kumar, Adv.

                 For the Opposite Party/s :       Mr.Syed Ehteshamuddin, APP
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                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   17-06-2026                   Heard Mr. Binod Kumar, learned Advocate for the

                   petitioner and learned Additional Public Prosecutor for the

                   State.

                                 2. The petitioner apprehends his arrest in connection

                   with Mansi P.S. Case No. 107 of 2026, registered for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2022.

                                 3. Acting on a tip off regarding storage of illicit liquor

                   for sale, the police conducted raid at the hut of the petitioner.

                   However, noticing the police party, two persons, who were

                   present there, succeeded in fleeing away and later on one of

                   which has been identified as the petitioner, In course of search,

                   total 235.5 litres Indian made foreign liquor was recovered.
Patna High Court CR. MISC. No.39154 of 2026(2) dt.17-06-2026
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                       4. Learned Advocate for the petitioner submitted that

          the entire recovery has been made from an open hut, which was

          situated in the farm and easily accessible to all but only on

          account of past criminal antecedent of the petitioner of identical

          nature, four in numbers, his name has been implicated in this

          case. Had the recovery allegedly been made from the house of

          the petitioner, the witnesses would have been none other than

          the family members? However, in the present case, the

          witnesses are police personnel, and as such, there is a violation

          of Section 103 of the BNSS. It is further contended that the

          mandate of Section 105 of the BNSS, which authorises police

          officers to conduct search and seizure under videography, has

          also been given a go-by. There is further lack of material which

          attracts 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

          vehemently opposed the bail application and submitted that

          there is huge amount of recovery of illicit wine from the house

          of the petitioner, besides four criminal antecedent and the bar to

          maintain anticipatory bail.

                       6. Having considered the submissions advanced on

          behalf of the learned Advocates for the respective parties and
           Patna High Court CR. MISC. No.39154 of 2026(2) dt.17-06-2026
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                     taking note of non-compliance of Sections 103 and 105 of the

                     BNSS, besides the fact that the alleged recovery has been made

                     from an open hut situated in the midst of farm easily accessible

                     to all and lack of material which attracts 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.20,000/- (twenty thousand) with two sureties of the

                     like amount each to the satisfaction of the learned Exclusive

                     Special Judge Excise-I, Khagaria in connection with Mansi P.S.

                     Case No. 107 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 petitioner.



                                                 (Harish Kumar, J)
Anjani/-

U      T