Tarkeshwar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88308 of 2025 Arising Out of PS. Case No.-202 Year-2025 Thana- NAYAGAON District- Saran ====================================================== Tarkeshwar Ray Son of Ram Surat Ray Resident of Village - Bariarchak P.S. - Nayagaon, District - Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Nayagaon PS. Case No. 202 of 2025 dated 24-10-2025, instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act,2022.

3. The allegation is of recovery of 80 litres of countrymade liquor from the Diyara region at village Chirpakar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioner or from his house. The petitioner has no concern with the allegedly recovered country-made liquor, which was

Patna High Court CR. MISC. No.88308 of 2025(2) dt.22-12-2025 2/3 recovered from an abandoned place easily accessible to anyone. It is further submitted that the petitioner has been arrayed as an accused in this case only due to his past history. Lastly, it is submitted that four criminal cases of a similar nature are pending against the petitioner, in which he is already on bail.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Special Excise Judge, Saran at Chapra, in Nayagaon PS. Case No. 202 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023 and further (i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he

Patna High Court CR. MISC. No.88308 of 2025(2) dt.22-12-2025 3/3 will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail and (v) that the petitioner will appear before the SHO of concerned PS in the first week of each month till the framing of charge in this case.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T