Rakesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10971 of 2026 Arising Out of PS. Case No.-180 Year-2025 Thana- MADHWAPUR District- Madhubani ====================================================== Rakesh Ray S/o Shatrughan Ray @ Satrughan Ray @ Satrudhan Ray R/o village- Balwa , P.s- Madhwapur, District - Madhubani ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate.

Mr. Gagan Deo Yadav, Advocate.

For the Opposite Party/s :

Mr. Umanath Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Sections 274, 275, 3(5) of the BNS and Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, on getting secret information that the illicit consignment of liquor is to be crossed from the gate of Village Balwa, the police party reached there and recovered 810 litres Nepali country made liquor from the sacks. It is alleged that petitioner was apprehended on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner is simply a passerby and

Patna High Court CR. MISC. No.10971 of 2026(2) dt.17-02-2026 2/2 he has no concern with the alleged seized liquor. Learned counsel submits that no incriminating article has been recovered from the conscious possession of petitioner and he has been made accused in this case only on the basis of suspicion. He further submits that petitioner has got clean antecedent and there is no chance of his absconding or tampering with the evidence. Petitioner is in custody since 22.12.2025 and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties, nature of allegation against the petitioner and the period of custody as well as his clean antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned in connection with Madhwapur P.S. Case No.180 of 2025.

(Sunil Dutta Mishra, J) Ritik/- U T