Raj Kishor Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 16019 of 2026 Arising Out of PS. Case No.-328 Year-2025 Thana- SUPPI District- Sitamarhi ====================================================== 1.

Raj Kishor Ray, aged about 50 years, Male, S/o Bhikhar Ray R/o Village - Masaha Alam @ Masha, P.S. - Bairgania, District - Sitamarhi 2.

Rajesh Ray, aged about 45 years, Male S/o Lakhan Rai R/o Village - Masha @ Masaha Alam, P.S. - Bairgania, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 25-03-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per allegation in the FIR, total 306 litres Nepali Saufi liquor were recovered from eleven sacks from the eastern bank of Bagmati river in front of Maniyari Kharahiya Tola Dhala.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case due to dirty village politics. He next submits that the name of both the

Patna High Court CR. MISC. No. 16019 of 2026(2) dt.25-03-2026 2/2 petitioners were disclosed by local Chowkidar and they were not arrested at the spot, nothing has been recovered from the conscious possession of the aforesaid liquor from the petitioners and petitioners have got clean antecedent as stated in para-3 of the petition.

5. Learned APP for the State opposes the prayer for anticipatory bail of the petitioners.

6. In view of the aforesaid facts as well as the fact that there is no recovery of the aforesaid liquor from the conscious possession of the petitioners, so let the above named two petitioners be released on anticipatory bail, in the event of their arrest or surrender before the trial court within a period of six weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 1, Sitamarhi in connection with Suppi P.S. Case No. 328 of 2025, subject to the conditions as laid down under Section 482(2) of BNSS.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T