Pradip MishraversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40478 of 2026
                   Arising Out of PS. Case No.-213 Year-2025 Thana- GAUTAMBUDHNAGAR District-
                                                          Siwan
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                 Pradip Mishra S/o Krishna Mishra Resident of Village- Sarari, P.S.-
                 Goreyakothi, District- Siwan
                                                                     ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Ashok Kumar
                 For the Opposite Party/s :    Mr.Akbar Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   01-07-2026                  Heard learned Advocate for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner apprehends his arrest in connection

                   with G.B. Nagar P.S. Case No. 213 of 2025, registered for the

                   offences punishable under Sections 281, 125(a), 125(b), 109,

                   132 of BNS, 2023 and Sections 30(a), 41(1) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Acting on a tip off regarding trafficking of illicit

                   wine, the police conducted a raid and tried to intercept one

                   Scorpio vehicle bearing Registration No. BR-01PK-8847.

                   However, noticing the police party, the driver of the vehicle

                   dashed some of the police personnels and tried to flee away but

                   later on he met with an accident and two persons were

                   apprehended. The apprehended persons disclosed the name of
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          nine persons, who are said to be the members of a syndicate

          indulged in trafficking of illicit wine. On search, total 672.580

          litres of foreign liquor was recovered.

                       4. Learned Advocate for the petitioner submitted that

          the petitioner has nothing to do with the vehicle in question nor

          with the illicit wine which has been recovered from the said

          vehicle. During the course of investigation, no material has

          been collected which suggests any nexus between the petitioner

          and the alleged seized illicit wine. Only on account of the fact

          that the petitioner has been carrying two criminal antecedent of

          identical nature, his name has been implicated in this case, but

          without there being any material. There is no compliance of

          Sections 103 and 105 of the BNSS as neither any independent

          witness has come forward to support the seizure proceeding nor

          any videography of the search and seizure has been done. Even

          if the allegation is taken to be true for the sake of argument, the

          materials available on record do not attract the rigors provided

          under Section 76 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 the

          petitioner is said to be a member of syndicate, who are indulged
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                      in trade of illicit wine, besides he bears two criminal antecedent

                      of identical nature.

                                   6. Having considered the submissions advanced on

                      behalf of the respective parties and considering the fact that no

                      materials have come which suggest the complicity of the

                      petitioner in crime, besides he has no concern with the alleged

                      Scorpio vehicle from which recovery has been made and the

                      entire case is based only upon the disclosure made by the co-

                      accused, 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 Excise Judge-1,

                      Siwan/court concerned at Siwan in connection with G.B. Nagar

                      P.S. Case No. 213 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