Sudhir Sahni @ Sudhir KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40452 of 2026
                      Arising Out of PS. Case No.-126 Year-2026 Thana- AURAI District- Muzaffarpur
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                 Sudhir Sahni @ Sudhir Kumar S/O Bauelal Sahni Resident of Village- Badi
                 Vistha, P.S.- Aurai, Dist- Muzaffarpur

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Sumit Jha, Adv.
                 For the Opposite Party/s :        Mr. Shyameshwar Dayal, APP
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                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   01-07-2026                  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 Aurai P.S. Case No. 126 of 2026, registered for the

                   offences punishable under Sections 30(a) of the Bihar

                   Prohibition & Excise Act.

                                3. Acting on a tip off regarding manufacturing of

                   illicit wine, the police conducted raid in the house of co-accused

                   Bauelal Sahni. However, noticing the police party one person

                   succeeded in fleeing away. On interrogation, co-accused Bauelal

                   Sahni disclosed the name of such person as the petitioner. In

                   course of search, total 44 liters of country made chulai liquor

                   was recovered besides some utensils.

                                4. Learned Advocate for the petitioner submitted that
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          the alleged recovery of illicit wine has been made from a

          common passage of a joint family house, where other family

          members were residing. Besides the fact that on the alleged date

          of occurrence, the petitioner had been working as a labour in

          Tamil Nadu, on account of some extraneous reason, the name of

          the petitioner, being son of co-accused Bauelal Sahni, has been

          implicated in this case. The petitioner has nothing to do with the

          recovered illicit wine nor with the business of his father and he

          bears fair antecedent. There are various other discrepancies in

          the search and seizure and the witnesses to the search and

          seizure are none else but the police personnel. Had the recovery

          been made from the house of the petitioner, there would have

          been signature of any of the family members, but the same has

          not been done, which also smacks mala fide on the part of the

          police. The materials aforenoted and also collected during the

          course of investigation are not sufficient enough to attract the

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

          Excise Act is the contention of the learned Advocate for the

          petitioner.

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

          opposed the pre-arrest bail application and submits that the

          recovery of the illicit wine from the house of the petitioner
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                      speaks about his involvement.

                                   6. Having considered the submissions advanced on

                      behalf of the learned Advocate for the respective parties and

                      taking note of the fact that the alleged recovery has been made

                      from a common passage of a joint family house, besides the

                      discrepancies in the search and seizure, as also the fair

                      antecedent of the petitioner and lacking cogent materials

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

                      Prohibition and Excise 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.10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of the learned Special Judge

                      Excixe-II, Muzaffarpur in connection with Aurai P.S. Case No.

                      126 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)
shivank/-

U      T