Patna High Court
CR. MISC./48257/2026 of Lalli Malik Vs The State of Bihar on 22 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48257 of 2026 Arising Out of PS. Case No.-531 Year-2022 Thana- GANDHIMAIDAN District- Patna ====================================================== 1. Lalli Malik S/o Late Bhanu Malik R/o Salimpur Aahra, Gali No. 3, Domkhana, P.S.- Gandhi
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48257 of 2026
Arising Out of PS. Case No.-531 Year-2022 Thana- GANDHIMAIDAN District- Patna ======================================================
1.
Lalli Malik S/o Late Bhanu Malik R/o Salimpur Aahra, Gali No. 3, Domkhana, P.S.- Gandhi Maidan, Dist- Patna
2.
Sumit Malik S/o Late Bhanu Malik R/o Salimpur Aahra, Gali No. 3, Domkhana, P.S.- Gandhi Maidan, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Rakesh Bihari Singh, Adv.
For the Opposite Party/s :
Mr. Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
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ORAL ORDER
22-07-2026 Heard learned Advocate for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with GandhiMaidan P.S. Case No. 531 of 2022, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Acting on a tip off regarding sell of illicit wine, police conducted raid, however, noticing the police party, two persons succeeded in fleeing away, who were identified as petitioners. In course of search total seven litres country made liquor was recovered beside the washroom of the petitioners.
Patna High Court CR. MISC. No.48257 of 2026(2) dt.22-07-2026
4. Learned Advocate for the petitioners taking this Court through the FIR contended that the alleged recovery has been made beside the house of the petitioners, which was not within the exclusive domain of the petitioner. Moreover, there is no compliance of Sections 103(4) & 105 of the BNSS. The petitioners bears fair antecedent and all the more, there is no other materials attracting the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act .
5. On the other hand, learned Advocate for the State vehemently opposed the bail.
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 an open place, beside the house of the petitioner, coupled with the defiance of the statutory provisions of the BNSS as well as the fair antecedent of the petitioners and lacking any materials attracting the rigors to maintain anticipatory bail, let the petitioners abovenamed be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-II, Patna in Patna High Court CR. MISC. No.48257 of 2026(2) dt.22-07-2026
connection with GandhiMaidan P.S. Case No. 531 of 2022, 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 petitioners.
sumit/- (Harish Kumar, J) U T