Harendra Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38195 of 2026 Arising Out of PS. Case No.-138 Year-2026 Thana- TURKI KHARARU DistrictMuzaffarpur ====================================================== 1.
Harendra Ray Son of Late Nunnu Ray Resident of Village- Gawshra, P.S.- Turki, District- Muzaffarpur.
2.
Vivek Kumar Son of Harendra Ray Resident of Village- Gawshra, P.S.- Turki, District- Muzaffarpur.
3.
Abhishek Kumar Son of Harendra Ray Resident of Village- Gawshra, P.S.- Turki, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratneshwar Prasad For the Opposite Party/s :
Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-06-2026 Heard the learned counsel for the petitioners and the learned counsel for the State.
2. The petitioners apprehend arrest in connection with Turki P.S. Case No. 138 of 2026 registered for offences under Section 30(a) of the Bihar Prohibition and Excise Act.
3. There is recovery of approx 71 liters of illicit liquor from the cowshed of the petitioner.
4. Learned counsel for the petitioners submits that the petitioners are quite innocent and have not committed any offence. It is further submitted that the petitioners are ready to donate Rs. 25,000/- (Rupees Twenty Five Thousand Only) each
Patna High Court CR. MISC. No.38195 of 2026(2) dt.16-06-2026 2/3 in some charitable organization without accepting their guilt. It is further submitted that petitioner no. 1 has two criminal antecedents, whereas petitioner nos. 2 and 3 have clean antecedents.
5. Learned APP for the State has vehemently opposed the prayer of the petitioners.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the petitioners, this application for anticipatory bail stands allowed.
7. Accordingly, let the petitioners, above-named, in the event of arrest or surrender within four weeks from today in the Court below, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court below in connection with Turki P.S. Case No. 138 of 2026 subject to the conditions as laid down under Section 482(2) of the BNSS and with further conditions that:- (I). The petitioners shall deposit an amount of Rs. 25,000/- (Rupees Twenty Five Thousand Only) in Ramakrishna Mission Sevashrama, Swami Vivekananda Path, Bela, Muzaffarpur, Bihar and produce the receipt of the same before the Court below. The bail bonds of the petitioners shall be accepted after verifying the genuineness
Patna High Court CR. MISC. No.38195 of 2026(2) dt.16-06-2026 3/3 of the receipts produced by them.
(ii). The petitioners are directed to mark their attendance at Turki Police Station on every 1st and 3rd Sunday of each month. Failure to do so will result in cancellation of bail bonds of the petitioners. (iii). At the time of accepting the bail bonds of the petitioner nos. 2 and 3, the Court below shall verify the fact whether the petitioner nos 2 and 3 have clean antecedents or not. If it is found that the petitioner nos. 2 and 3 have clean antecedents then only their bail bonds shall be accepted by the Court below.
8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.
(Sandeep Kumar, J) Shishir/- U T