Awadhesh Ray @ Avdhesh RayversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3612 of 2026
                      Arising Out of PS. Case No.-651 Year-2025 Thana- DARIYAPUR District- Saran
                 ======================================================
                 Awadhesh Ray @ Avdhesh Ray Son of Ganga Ray Resident of Village- Saray
                 Saho (Kumhra Tola) , P.S.- Dariyapur District -Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Kumar, Advocate
                 For the Opposite Party/s :       Mr. Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Dariyapur P.S. Case No. 651 of 2025 instituted for the

                   offences under Sections            30(a), 34, 36, 41(1) of the Bihar

                   Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 140 litres

                   of liquor was recovered from the motorcycle as also from the

                   house of the co-accused.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Learned counsel further submitted that petitioner is neither the

                   owner nor the driver of the vehicle. The petitioner has got no
           Patna High Court CR. MISC. No.3612 of 2026(2) dt.19-01-2026
                                                       2/2




                     concern with the alleged recovery of liquor. Learned counsel,

                     therefore, submitted that prima-facie, no case is made out

                     against the petitioner. The petitioner has no criminal antecedent.

                     There is no compliance of Section 103 of the Bharatiya

                     Nagarika Suraksha Sanhita, 2023.

                                 5. Learned APP 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, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)

                     with two sureties of the like amount each to the satisfaction of

                     Court below/concerned Court in connection with Dariyapur P.S.

                     Case No. 651 of 2025, subject to the conditions as laid down

                     under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T