Md. Rayees @ Rais v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75973 of 2025 Arising Out of PS. Case No.-259 Year-2025 Thana- JOKIHAT District- Araria ====================================================== Md. Rayees @ Rais, S/o Jamruddin, Resident of Village- Bhagwanpur, Ward No. 04, Police Station- Jokihat, District- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Adv.
For the Opposite Party/s :
Ms. Meena Singh, Addl. P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 06-01-2026 Heard the learned counsel for the petitioner and the learned Addl. Public Prosecutor for the State.
2. The petitioner, who is in custody, seeks bail in connection with Jokihat P.S. Case No. 259 of 2025 registered for the offence(s) punishable under Section(s) 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, the police, on secret information, had conducted a raid at the house of one Nabi Hassan and on search, total 15 liters of Eskuf syrup was recovered and when the police tried to apprehend the said accused/Nabi Hassan, it is alleged that several other persons helped him to escape, including the petitioner.
Patna High Court CR. MISC. No.75973 of 2025(3) dt.06-01-2026 2/3
4. The learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has no concern whatsoever with co-accused/Nabi Hassan. It has further been submitted that no incriminating article has been recovered from the possession of the petitioner and only on account of ill-motive at the behest of the co-villagers, the name of the petitioner has been inserted in this case. It has lastly been submitted that the petitioner carries no criminal antecedent and he is in custody since 16.09.2025 and the charge-sheet in this case has already been submitted.
5. The learned Addl. Public Prosecutor for the State has vehemently opposed the prayer for bail.
6. Regard being had to the facts and circumstances of the case and taking note of the fact that the petitioner has remained in custody since 16.09.2025, let the petitioner, abovenamed, be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Jokihat P.S. Case No. 259 of 2025, subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative and the other shall be a local resident. (ii) The petitioner shall remain physically present before the concerned Court on each and every date of the
Patna High Court CR. MISC. No.75973 of 2025(3) dt.06-01-2026 3/3 trial and shall cooperate in the investigation. (iii) In case of absence for two consecutive occasions or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the concerned Court.
(iv) If the petitioner, in future, is found to be involved in similar nature of offence(s), the prosecution shall be at liberty to move for cancellation of his bail bond.
(v) The concerned Court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that he has concealed his criminal antecedent, the Court concerned shall take necessary steps for cancellation of his bail bond. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J) Praveen-II/- U T