Sirki Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9782 of 2026 Arising Out of PS. Case No.-447 Year-2020 Thana- RIVILGANJ District- Saran ====================================================== Sirki Ray S/o Shankar Ray, Resident of Village- East Daliyawan, P.S.- Nagar, District- Saran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hemant Kumar, Advocate For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-02-2026 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner apprehending his arrest in connection with Riviliganj P.S. Case No. 447 of 2020 registered for the offences punishable under Sections 30(a/41(1) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 40 litres of IMFL/Mahua liquor from the motorcycle.

4. Learned counsel appearing on behalf of the petitioner submitted that the alleged recovered motorcycle not appears to be connected in any manner with this petitioner, and as such, it can be

Patna High Court CR. MISC. No.9782 of 2026(2) dt.17-02-2026 2/3 safely said that recovery of alleged illicit liquor not appears to be made from his conscious physical possession. It is submitted that petitioner found involved in one more criminal case, where he is on bail.

5. Learned APP opposed the prayer of bail.

6. Considering the aforesaid facts and circumstances as recovery of illicit liquor prima facie not appears to be made from the conscious physical possession of this petitioner, who is a man of clean antecedent, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Special Excise Judge, Saran at Chapra/concerned Court, where the case is pending in connection with Riviliganj P.S. Case No. 447 of 2020, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T

Patna High Court CR. MISC. No.9782 of 2026(2) dt.17-02-2026 3/3