Ashish Kumar Rai @ Ashish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42282 of 2026 Arising Out of PS. Case No.-85 Year-2026 Thana- FULKAHA District- Araria ====================================================== Ashish Kumar Rai @ Ashish Kumar S/o Lakshmeshwar Ray R/o Village - Nathpur Ward No.08, P.S. - Narpatganj, Dist- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-06-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in a case registered for the offence under sections 30(a) and 32 of the Bihar Prohibition & Excise (Amendment) Act, 2016.
3. Out of the total recovery of 207 litres of illicit Nepali liquor, 51 litres were recovered from the motorcycle of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has no criminal antecedent. He further submits that the petitioner is in custody since 25.04.2026 without any fault.
5. Learned counsel for the petitioner also submits that the petitioner is ready to donate Rs.25,000/- in some charitable
Patna High Court CR. MISC. No.42282 of 2026(2) dt.29-06-2026 2/3 organization without accepting his guilt.
6. Learned APP appearing for the State opposes the prayer of the petitioner for grant of bail.
7. Considering the facts and circumstances of the case as well as the submissions of learned counsel for the petitioner, this application is allowed.
8. Let the petitioner, above named, be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-II, Araria/ concerned Court below, in connection with Fulkaha P.S. Case No. 85 of 2026.
9. At the time of accepting the bail bonds of the petitioner, the Court below shall verify the statement of the petitioner that he has clean antecedent. The bail bonds of the petitioner shall only be accepted if it is found that he has clean antecedent.
10. This is also subject to the condition that the petitioner shall deposit an amount of Rs.25,000/- in Ramakrishna Math, Bhatta Bazar, Purnea and produce the receipt of the same before the Court below. The bail bonds of the petitioner shall be accepted after verifying the genuineness
Patna High Court CR. MISC. No.42282 of 2026(2) dt.29-06-2026 3/3 of the receipt produced by the petitioner.
11. As a condition of this order, the petitioner after being released on bail, is directed to mark his attendance at Narpatganj Police Station, District- Araria on first and third Sunday of the month. Any default in appearance at the Police Station will result in cancellation of bail bonds of the petitioner. (Sandeep Kumar, J) tusharika/- U T