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Patna High CourtCR. MISC./29058/2026allowed

Pramod Rai @ Pramod Yadav @ Pramod Ray @ Prmod Ray @ Parmod Ray @ Parmod Yadav v. The State Of Bihar

2026-05-06Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29058 of 2026 Arising Out of PS. Case No.-617 Year-2025 Thana- MALSALAMI District- Patna ====================================================== Pramod Rai @ Pramod Yadav @ Pramod Ray @ Prmod Ray @ Parmod Ray @ Parmod Yadav S/o Ramchandra Ray @ Ramchandra Rai R/o VillNuruddin Ganj, P.S- Malsalami, Dist-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Rai, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in connection with a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in brief, is that altogether 200 litres of country-made liquor was recovered, and it is alleged that certain persons fled away upon seeing the police. The name of the present petitioner has surfaced on the basis of information provided by local persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. It is further submitted that nothing has been

Patna High Court CR. MISC. No.29058 of 2026(2) dt.06-05-2026 2/2 recovered from the possession of the petitioner. It is evident from the seizure list itself that the recovery was made from an open place. It is also contended that the witnesses to the seizure list are police personnel, and the mandatory provisions of Section 105 of the BNSS have not been complied with while effecting the seizure. It is further submitted that the petitioner has been languishing in judicial custody since 03.04.2026 and has one criminal antecedent of similar nature.

5. Learned APP appearing for the State has opposed the prayer for regular bail.

6. Considering the aforesaid facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. Accordingly, the petitioner, above-named, is directed to be released on bail in connection with Malsalami P.S. Case No. 617 of 2025, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court of Excise, Patna City, Patna.

(Ashok Kumar Pandey, J) Jagdish/- U T