Patna High Court
CR. MISC./58780/2026 of PRITAM KUMAR @ PRITAM SAVAN Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58780 of 2026 Arising Out of PS. Case No.-311 Year-2026 Thana- SAMASTIPUR MUFFASIL District- Samastipur ====================================================== Pritam Kumar @ Pritam Savan s/o ramjinish ray resident of ward no. 05, Jitwarpur
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58780 of 2026
Arising Out of PS. Case No.-311 Year-2026 Thana- SAMASTIPUR MUFFASIL District- Samastipur ======================================================
Pritam Kumar @ Pritam Savan s/o ramjinish ray resident of ward no. 05, Jitwarpur Chauth, Tada Hakimabad, Hakimabad Tara, P.S.- Muffasil, Dist- Samastipur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Keshav Bhardwaj, Adv.
For the Opposite Party/s :
Ms. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
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ORAL ORDER
19-08-2026 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 Samastipur Muffasil P.S. Case No. 311 of 2026, registered for the offences punishable under Sections 30(a) & 41(1) of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Acting on a tip off, regarding storage and sell of illicit wine in a cattle-shed situated nearby the house of one Sanjay Ray, the police conducted raid. However, noticing the police party, some of the persons, who were present there, succeeded in fleeing away. Later on, one of them has been identified as the petitioner.
4. Learned Advocate for the petitioner taking this Patna High Court CR. MISC. No.58780 of 2026(2) dt.19-08-2026
Court through the F.I.R. contended that the entire recovery has been made from a cattle-shed, nearby the house of one Sanjay Ray, which does not belong to the petitioner. Further, the identification of the petitioner by Mahal Chaukidar appears to be unfounded and not trustworthy for the simple reason that both of them are residing in different places. The reason behind the false implication of the petitioner in the present case is said to be his past criminal antecedent of identical nature. In the case at hand, during the course of investigation, nothing incriminating materials have collected, which suggest the complicity of the petitioner in crime. Learned Advocate for the petitioner further argued that there is non compliance of Sections 103(4) and 105 of the B.N.S.S and in the aforesaid premise, the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act is also not applicable.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the alleged recovery has been made from a cattle-shed, which does not belong to the petitioner, coupled with the non compliance of statutory prescriptions as well as the lack of materials, which Patna High Court CR. MISC. No.58780 of 2026(2) dt.19-08-2026
attract the rigors to maintain the present anticipatory bail application, 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 Exclusive Special Judge Excise-I, Samastipur in connection with Samastipur Muffasil P.S. Case No. 311 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.
ritesh/shivank- (Harish Kumar, J) U T