Wakil Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38882 of 2026 Arising Out of PS. Case No.-474 Year-2025 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Wakil Ray Son of Anarsi Ray @ Banarsi Ray Resident of Village- Sandha, P.S.- Sandha Muffasil, District- Chapra (Saran). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-06-2026 Heard Mr.Mani Bhushan Kumar Singh, learned counsel for the petitioner and Mr.Kumar Ranjit Ranjan, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 02.05.2026 in connection with Chapra Muffasil P.S. Case No. 474 of 2025, F.I.R. dated 21.08.2025 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. Recovery is of 35 liters of illicit liquor.

4. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. It appears from the FIR as well as the seizure list that nothing has been recovered from conscious possession of the petitioner and petitioner was not apprehended at the place of

Patna High Court CR. MISC. No.38882 of 2026(2) dt.22-06-2026 2/3 occurrence. It appears from the FIR as well as the seizure list that the seizure list witnesses are police personnel and there is non-compliance of Sections 103 and 105 of BNSS, 2023 and and the petitioner is in custody since 02.05.2026.

5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries fifteen more cases other than the present one of similar nature but he fairly submits that out of fifteen cases, the petitioner is on bail in fourteen cases, and rest one case is pending for consideration before the competent court of law, as mentioned in para-3 of the bail petition.

6. Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-I, Chapra, Saran in connection with Chapra Muffasil P.S. Case No. 474 of 2025,with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.38882 of 2026(2) dt.22-06-2026 3/3 (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T