Umesh Kumar Rai @ Umesh @ Jhulan Rai @ Jhulan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.131 of 2026 Arising Out of PS. Case No.-361 Year-2025 Thana- KHUSRUPUR District- Patna ====================================================== Umesh Kumar Rai @ Umesh @ Jhulan Rai @ Jhulan Son of Ram Narayan Rai @ Narayan Rai Resident of village- Banstal Bind Toli, Police Station -Khusrupur District -Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :
Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Khusrupur P.S. case No. 361 of 2025 instituted for the offences under Section 30(a)of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 58 liters liquor was recovered from sac.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the name of the petitioner has transpired
Patna High Court CR. MISC. No.131 of 2026(2) dt.19-01-2026 2/2 on the basis of disclosure made by local chowkidar. The petitioner is in custody since 18.11.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khusrupur P.S. case No. 361 of 2025 (Rudra Prakash Mishra, J) Pankaj/- U T