Umesh Roy @ Umesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30520 of 2026 Arising Out of PS. Case No.-45 Year-2026 Thana- MEHSI District- East Champaran ====================================================== Umesh Roy @ Umesh Ray, Aged about 43 years, Gender- Male, Son of Ram Ekbal Ray @ Rameakbal Rai, Resident of village- Bhimalpur, P.S- Mehsi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Kumar Uday Pratap, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-05-2026 Heard Mr. Ajay Kumar Singh, learned counsel appearing on behalf of the petitioner and Dr. Kumar Uday Pratap, learned APP for the State.

2. At the outset, learned counsel appearing on behalf of the petitioner seeks to make certain necessary correction in paragraph no. 6 of the bail application in course of the day.

3. Permission is accorded.

4. The petitioner seeks pre-arrest bail in connection with Mehsi P.S. Case No. 45 of 2026 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act as amended up-to-date.

5. Allegation is of recovery of 60 litres of illicit liquor from a bush.

Patna High Court CR. MISC. No.30520 of 2026(2) dt.06-05-2026 2/3

6. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the present case. Petitioner has no concern with the alleged seized liquor nor he is involved in trade of illicit liquor in any manner. The name of the petitioner has been disclosed by chaukidaar due to previous enmity. The recovery was made from a bush, which is an open place and easily accessible to anyone. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

7. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

8. Considering the rival submissions made on behalf of the parties, as well as, the fact that the recovery of 60 litres of illicit liquor was made from a bush, which is an open place and easily accessible to any one and also the fact that the State has failed to implement its liquor policy in its true spirit, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending, in

Patna High Court CR. MISC. No.30520 of 2026(2) dt.06-05-2026 3/3 connection with Mehsi P.S. Case No. 45 of 2026, subject to the condition as laid down under Section 482(2) of the BNSS.

9. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically.

10. The present bail application is disposed of. (Purnendu Singh, J) Niraj/- U T