Suraj Thakur @ Suraj KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43962 of 2026
                        Arising Out of PS. Case No.-103 Year-2026 Thana- JALE District- Darbhanga
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                 Suraj Thakur @ Suraj Kumar S/O Late Manoj Thakur R/O Vill.- Jale, Barhi
                 Tola, P.S.- Jale, Dist.- Darbhanga, Bihar- 852201

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Ghanshyam, Adv.
                 For the Opposite Party/s :        Mr. Rajesh Kumar, APP
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                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   08-07-2026                  Heard learned Advocate for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Jale P.S. Case No.103 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 the storage and sale of

                   illicit liquor, the police conducted raid; however, noticing the

                   police party, one person succeeded in fleeing away, who was

                   subsequently identified by the Mahal Chowkidar as the

                   petitioner. During the course of search, a total of 48.750 liters

                   illicit wine kept in a plastic bag inside a hut constructed in the

                   farm, was recovered.

                                4. Learned Advocate for the petitioner, taking this
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          Court through the FIR, contended that the alleged recovery was

          made from a hut situated in a farm, which is an open place and

          easily accessible to all. Moreover, the identification of the

          petitioner by the Mahal Chowkidar, who was a resident of a

          different place, smacks mala fide and casts serious doubt upon

          identification. There is complete defiance of Section 103 of the

          B.N.S.S., as the witnesses are none else but the police

          personnel. Had the recovery been made from the hut of the

          petitioner, there would have been signatures of any family

          members or villagers, but the same has not been done. The

          petitioner bears fair antecedent and there is no cogent material

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

          Prohibition and Excise Act, 2016 (for short ‘the Act 2016’).

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

          vehemently opposed the bail application and submitted that the

          recovery of huge illicit wine from the hut allegedly belonging to

          the petitioner clearly points towards his involvement in the

          alleged offence.

                       6. Having regard to the submissions made on behalf

          of the parties and considering the fact that the alleged recovery

          has been made from a hut situated in an open place and easily

          accessible to all, coupled with the defiance of Section 103
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                        BNSS, besides fair antecedent of the petitioner and lack of

                        cogent material attracting the rigors provided under Section

                        76(2) of the Act, 2016, let the above named petitioner, be

                        released on bail, in the event of his arrest or surrender before the

                        learned Court below within a period of four weeks from today,

                        on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two

                        sureties of the like amount each to the satisfaction of learned

                        Exclusive Special Excise Court-I, Darbhanga in connection with

                        Jale P.S. Case No.103 of 2026, subject to the condition as laid

                        down under Section 482(2) of the BNSS, with further condition

                        that one of the bailors shall be the own/close family members of

                        the petitioner.



                                                    (Harish Kumar, J)
rohit/-

U         T