Rupesh Kumar Ray @ Rupesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41805 of 2026 Arising Out of PS. Case No.-586 Year-2022 Thana- RAJAOLI District- Nawada ====================================================== Rupesh Kumar Ray @ Rupesh Ray, S/o Janki Ray ,Resident of Village- Tisri, P.S.- Tisri, District- Giridih, State- Jharkhand ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Pramod Ranjan, Advocate :

Mrs. Sonam Kumari, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-06-2026 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 Rajauli P.S. Case No.586 of 2022 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 15 litres of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing for the petitioner that the alleged recovery was made from a Motorbike. The name of the petitioner surfaced solely

Patna High Court CR. MISC. No.41805 of 2026(2) dt.29-06-2026 2/3 because he was the registered owner of the seized vehicle bearing Registration No. JH11AE5744. It is submitted that nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the seizure list appears doubtful being not supported by independent witnesses rather than by police personnel. The petitioner claimed clean antecedent.

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

6. In view of aforesaid factual submissions and by taking of note of fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, accordingly, the petitioner above-named, who is a man of clean antecedent, 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 satisfaction of the learned Exclusive Special Judge, Excise-II, Nawada in connection with Rajauli P.S. Case No.586 of 2022, subject

Patna High Court CR. MISC. No.41805 of 2026(2) dt.29-06-2026 3/3 to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) Raushan/- U T