Naresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16351 of 2026 Arising Out of PS. Case No.-8 Year-2026 Thana- Excise P.S. District- Saran ====================================================== Naresh Rai S/o Ramji Rai Resident of Village- Ardhpur Ward No. 1 @ Ardhpur @ Chak Nizamat, P.S.- Karpurigram, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Chetna, Advocate For the Opposite Party/s :

Ms.Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-03-2026 Heard learned counsel for the petitioner and Ms. Renu Kumari, learned APP for the State.

2. The petitioner seeks bail in connection with Sadar Excise @ Excise Thana Sadar (Saran) P.S. Case No. 8 of 2026, instituted for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 41.76 liters liquor was recovered from Tampoo. Petitioner was arrested on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is

Patna High Court CR. MISC. No.16351 of 2026(2) dt.13-03-2026 2/3 not the owner of the alleged Tampoo. In fact, the petitioner is passenger of the said vehicle and he has no knowledge about goods loaded on the vehicle. The petitioner is in custody since 12.01.2026 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sadar Excise @ Excise Thana Sadar (Saran) P.S. Case No. 8 of 2026, subject to the following conditions:

(I) One of the bailors shall be the petitioner's own or close member.

(II) The petitioner shall appear on each and every date fixed during the trial and shall not remain absent on two consecutive dates without sufficient cause.

Patna High Court CR. MISC. No.16351 of 2026(2) dt.13-03-2026 3/3 (III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.

In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) manish/- U T