Ramesh Rai @ Ramesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41806 of 2026 Arising Out of PS. Case No.-166 Year-2026 Thana- MALSALAMI District- Patna ====================================================== Ramesh Rai @ Ramesh Yadav S/o Harish Chandra Rai Resident Of VillageNuruddinganj, P.s- Malsalami, Dist- Patna ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Arvind Prasad Singh, Advocate For the Opposite Party :

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Malsalami P.S. Case No.166 of 2026 registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 192 litres of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing for the petitioner that the name of petitioner arrayed solely for the reason that the recovery of alleged liquor was made

Patna High Court CR. MISC. No.41806 of 2026(2) dt.30-06-2026 2/3 from the house and godown of petitioner. It is also submitted by learned counsel for the petitioner that the godown from where the alleged liquor was recovered is a joint property of petitioner and co-accused Bittu Kumar. It is also submitted that recovery of illicit liquor was not made from conscious possession of this petitioner. Explaining criminal antecedent, it is submitted that the petitioner found involved in six more criminal cases, where he is on bail in five cases and one case is pending against him of Malsalami P.S Case No. 156 of 2026.

5. Learned APP opposed the prayer of anticipatory bail to the petitioner.

6. In view of aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.41806 of 2026(2) dt.30-06-2026 3/3 satisfaction of the learned Special Judge Excise, Patna City, in connection with Malsalami P.S. Case No.166 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS. (Chandra Shekhar Jha, J.) Aniket/- U T