Gorakh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7817 of 2026 Arising Out of PS. Case No.-248 Year-2025 Thana- KOILWAR District- Bhojpur ====================================================== Gorakh Ray Son of Bagha Ray Resident of Village- Manachak, P.S.- Koilwar, District- Bhojpur, State- Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Navin Kumar Singh, Advocate For the State :

Mr. Nawal Kishore Pd., A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-02-2026 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Koilwar Police Station Case No. 248 of 2025, disclosing offences under Sections 30(a) of Bihar Prohibition and Excise Act.

3. The prosecution case, as per the First Information Report, is that on 14.10.2025, on the basis of secret information police intercepted four motorcycles upon which six people were coming and upon search, total 450

Patna High Court CR. MISC. No.7817 of 2026(2) dt.17-02-2026 2/3 litres of country-made mahua liquor was recovered from the said motorcycle.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of discloser made by the local people. Petitioner is neither the owner of the motorcycle nor the seized liquor. Nothing has been recovered from the conscious physical possession of the petitioner.

5. Regards being had to the submissions made by the parties and taking into consideration the fact that petitioner is not the owner of the motorcycle from where the illicit liquor has been recovered, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail 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 No. II, Bhojpur at Ara, in connection with Koilwar Police Station Case No. 248 of 2025, subject to

Patna High Court CR. MISC. No.7817 of 2026(2) dt.17-02-2026 3/3 the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita.

(Anil Kumar Sinha, J) Siwani/- U T