Niraj Kumar @ Niraj Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46747 of 2026 Arising Out of PS. Case No.-439 Year-2026 Thana- GARKHA District- Saran ====================================================== Niraj Kumar @ Niraj Rai, aged about 27 years, male, Son of Gopal Ray, Resident of Village - Narayanpur, Post Office - Rahampur, Police Station - Garakha, District - Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s :
Mrs. Gulnar Begum, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-07-2026 Heard Mr. Ravi Shanker Pankaj, learned counsel appearing on behalf of the petitioner and Mrs. Gulnar Begum, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Garakha P.S. Case No. 439 of 2026 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act as amended up-to-date.
3. Allegation is of recovery of 207.54 litres of illicit foreign liquor from the half built house of co-accused Sudhir Manjhi.
4. Learned counsel appearing on behalf of the petitioner submits that due to enmity, the petitioner has been planted in a false case. The recovery of 207.54 litres of illicit
Patna High Court CR. MISC. No.46747 of 2026(2) dt.22-07-2026 2/3 foreign liquor was made from the house of co-accused Sudhir Manjhi and petitioner has no concern with the alleged seized liquor nor he is involved in trade of liquor in any manner. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR, from which it appears that the recovery of 207.54 litres of illicit foreign liquor was made from the house of co-accused Sudhir Manjhi and also the fact that the State has failed to implement its liquor policy in its true spirit, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, 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 District Court where the case is pending, in connection with Garakha P.S. Case No. 439 of 2026, subject to the condition as laid down under Section 482(2) of the BNSS.
7. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is
Patna High Court CR. MISC. No.46747 of 2026(2) dt.22-07-2026 3/3 pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically.
8. The present bail application is disposed of. (Purnendu Singh, J) Niraj/- U T