Ashok Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46901 of 2026 Arising Out of PS. Case No.-24 Year-2026 Thana- SALIMPUR District- Patna ====================================================== Ashok Rai S/o Sahev Dayal Ray @ Sahabdayal Rai R/o Village - Kaladiyara, P.S - Salimpur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Sunidhi Vimal, Advocate.

For the Opposite Party/s :

Mr.Rana Randhir Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-07-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Salimpur P.S. Case No. 24 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, as amended uptodate.

3. Allegation is of recovery of 60 litres of country made liquor from the joint family house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent. In absence of any independent witness, the seizure list cannot be relied upon. On mere suspicion, as the house belongs to the petitioner, he has been made accused in the present case. He has no concern either with the seized liquor or trade of liquor in any manner. She

Patna High Court CR. MISC. No.46901 of 2026(2) dt.29-07-2026 2/3 further informs that the petitioner has no criminal antecedent. On these grounds, she seeks that the petitioner 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 F.I.R. and the seizure list, I find that in absence of any independent witness, the seizure list cannot have legal authenticity and also the fact that the petitioner was not present at the time of seizure, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned District Court where the case is pending in connection with Salimpur P.S. Case No. 24 of 2026, subject to the condition as laid down under Section 438(2) of the Cr.P.C / Section 482 (2) BNSS.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

Patna High Court CR. MISC. No.46901 of 2026(2) dt.29-07-2026 3/3

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T