Nema Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51369 of 2026 Arising Out of PS. Case No.-174 Year-2026 Thana- KOTWA District- East Champaran ====================================================== Nema Rai Son of Late Mangal Rai Resident of Village - Badhaharawa Kala, P.S.- Kotwa, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niraj Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Kotwa P.S. Case No. 174 of 2026, dated 15.04.2026, lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, a total recovery of 30 litres of illicit liquor has been made, which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that nothing has been recovered from the possession of the petitioner. He also submits that the petitioner's name was disclosed by the Chaukidar. He also submits that the criminal antecedent of the petitioner is not clean, as one criminal case is

Patna High Court CR. MISC. No.51369 of 2026(2) dt.29-07-2026 2/2 pending against him, however, the said case is not related to any excise offence.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the criminal antecedent of the petitioner is not clean.

6. Considering the facts and circumstances of the present case, particularly that the pending criminal case is not related to any excise offence, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Special Judge, Excise Court-I, East Champaran, Motihari, in connection with Kotwa P.S. Case No. 174 of 2026, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J.) Aman Kumar/- U T