Abhay Ray @ Abhay KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31153 of 2026
                      Arising Out of PS. Case No.-81 Year-2026 Thana- PAROO District- Muzaffarpur
                 ======================================================
                 Abhay Ray @ Abhay Kumar son of Late Yogi Rai @ Yogendra Ray Resident
                 of Village- Sarmastpur PS -Paroo Dist -Muzaffarpur

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hans Lal Kumar, Advocate
                 For the Opposite Party/s :       Mr Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-05-2026                     Heard Mr. Hans Lal Kumar, learned counsel for the

                   petitioner and Mr Madan Kumar, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   01.04.2026, in connection with Paroo P.S. Case No. 81 of 2026,

                   F.I.R. dated 13.02.2026 registered for the offences punishable

                   under Sections 30(a), 38, 41 of the Bihar Prohibition & Excise

                   Amendment Act.

                                3. Recovery is of 243.00 litres of illicit foreign liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   that recovery has been made from Sarmastpur Diyara and the

                   name of the petitioner has been transpired on the basis of

                   disclosure made by local choukidar. It appears from the seizure
Patna High Court CR. MISC. No.31153 of 2026(2) dt.08-05-2026
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          list that nothing has been recovered from the conscious

          possession of the petitioner and seizure list witnesses are police

          personnel so there is non-compliance of Sections 103 and 105

          of BNSS, 2023 and the petitioner is in custody since

          01.04.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for               bail of the

          petitioner and submits that the petitioner carries six more cases

          other than the present one but fairly submits on the basis of

          paragraph-3 of the bail petition that out of six cases, the

          petitioner is on bail in five cases and one case is pending for

          consideration before the competent court of law.

                       6. Considering the facts and circumstances of the case

          and the fact that there is non-compliance of Sections 103 and

          105 of the BNSS, 2023, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of       learned      Exclusive Excise Special Judge-II,

          Muzaffapur in connection with Paroo P.S. Case No. 81 of 2026,

          subject to the following conditions :-

                       (1) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court
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                         and shall remain physically present as directed by the Court and

                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T