Ramishwar Rai @ Ram Ishwar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16333 of 2026 Arising Out of PS. Case No.-213 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur ====================================================== Ramishwar Rai @ Ram Ishwar Ray son of Mahesh Rai Resident of Village - Tamilpur, Ps- Minapur, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Rampurhari PS Case No. 213 of 2025 instituted for the offences under Section/s 30(a), 32(ii) & 41(i) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 1230.00 liters raw spirit was recovered from a tractor.

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

Patna High Court CR. MISC. No.16333 of 2026(2) dt.11-03-2026 2/3 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is neither the owner nor the driver of the tractor in question and he has no concern with the same. The petitioner is in custody since 31.01.2026 and has got four (4) criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.

5.

Learned A.P.P. 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/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rampurhari PS Case No. 213 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

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

Patna High Court CR. MISC. No.16333 of 2026(2) dt.11-03-2026 3/3 (III) The petitioner will not tamper with the evidence or the witnesses during the trial.

If any of the above conditions are violated, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T