English Rai @ Umesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31599 of 2026 Arising Out of PS. Case No.-483 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== English Rai @ Umesh Rai S/o Degan Rai R/o Vill. - Chiaiya, P.S. - Bakhtiyarpur, District. - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 13-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Bakhtiyarpur P.S. Case No.483 of 2018 registered for the offence punishable under Sections 30(a)(d) and 32(1) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in short, is that from the bank of river Chiraiya Tal area altogether 220 litres of illicit country made liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that nothing has been recovered from the possession of this petitioner. It has further been submitted that recovery has been made from an open place. It has been submitted that one Nanhak Rai was apprehended who has disclosed the name of this petitioner. It has further been

Patna High Court CR. MISC. No.31599 of 2026(2) dt.13-05-2026 2/2 submitted that the witnesses of the seizure list are police personnel and police have not complied Section 105 of the BNSS while making seizure. It has further been submitted that the petitioner is in judicial custody since 22.01.2026.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the court of learned Exclusive Special Judge, Excise, Barh (Patna), in connection with Bakhtiyarpur P.S. Case No.483 of 2018.

7. Since this is a case of year 2018, the petitioner is directed to co-operate in the trial and shall remain physically present on each and every date in the learned trial court. (Ashok Kumar Pandey, J) Durgesh/- Rohit/- U T