Santosh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40464 of 2026
                    Arising Out of PS. Case No.-143 Year-2026 Thana- MOTIPUR District- Muzaffarpur
                 ======================================================
                 Santosh Kumar S/o Mohan Das @ Lal Mohan Das Resident of village-
                 Mahima Gopinathpur, P.S.-Motipur, District- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar, Adv.
                 For the Opposite Party/s :       Mr. M K Nirala, APP
                 ======================================================
                 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 Motipur P.S. Case No. 143 of 2026, registered for the

                   offences punishable under Sections 30(a) of the Bihar

                   Prohibition & Excise (Amendment) Act.

                                3. In course of patrolling, allegedly the police

                   personnels tried to intercept two persons, who were riding on a

                   motorcycle, however, they succeeded in fleeing away, leaving

                   the motorcycle and the bag. In course of search, total 21.375

                   liters Indian made foreign liquor was recovered. The Mahal

                   Chaukidar also identified two persons, out of which one is said

                   to be the petitioner.

                                4. Learned Advocate for the petitioner submitted that
Patna High Court CR. MISC. No.40464 of 2026(2) dt.01-07-2026
                                            2/3




          the identification of the petitioner by the Mahal Chaukidar

          through the torch light does not inspire any confidence, when

          both the persons are of different places, and who were riding on

          a motorcycle. Moreover, the petitioner has nothing to do with

          the motorcycle, in question, nor with the recovered illicit wine.

          The petitioner bears fair antecedent, besides the fact there is no

          cogent material, which attracts the rigors provided under

          Section 76(2) of the 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

          petitioner was identified by the Mahal Chaukidar, who saw him

          while throwing plastic bag from which illicit liquor was

          recovered.

                       6. Regard being had to the submissions made on

          behalf of the parties and considering the materials available on

          record especially the fact the petitioner has no concern with the

          motorcycle, in question, coupled with his fair antecedent and the

          discrepancies in the search and seizure, 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
            Patna High Court CR. MISC. No.40464 of 2026(2) dt.01-07-2026
                                                        3/3




                      sureties of the like amount each to the satisfaction of the learned

                      Exclusive Special Judge, Excise-II, Muzaffarpur in connection

                      with Motipur P.S. Case No. 143 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