Ram Anek Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44791 of 2026 Arising Out of PS. Case No.-25 Year-2026 Thana- SURSAND District- Sitamarhi ====================================================== Ram Anek Ray S/o Garib Ray R/o Village - Narha Kala, P.S. - Bajpatti, Dist. - Sitamarhi.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Santosh Kumar, Advocate For the Opposite Party :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is not named in the FIR and apprehending his arrest in connection with Sursand P.S. Case No.25 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 117 litres of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing for the petitioner that the recovery of alleged illicit liquor was made from two motorcycles bearing Registration No.

Patna High Court CR. MISC. No.44791 of 2026(2) dt.07-07-2026 2/3 BR30AS 2402 and BR030R 4036 which were involved in carrying illegal consignment of liquor. It is also submitted that name of petitioner arrayed solely for the reason that he is the owner of one of the said motorcycle. It is further argued that the petitioner's motorcycle was taken by his family member, namely, Harish Chandra Kumar for some personal work. It is also submitted that recovery of illicit liquor was not made from conscious possession of this petitioner. It is also submitted that the seizure list also appears doubtful being not supported by independent witnesses rather than by police personnel. 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 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

Patna High Court CR. MISC. No.44791 of 2026(2) dt.07-07-2026 3/3 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 Excise Court No.2, Sitamarhi, in connection with Sursand P.S. Case No.25 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