Benga @ Banga @ Ram Prasad Mahto @ Ram Prasad RayversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37334 of 2026
                      Arising Out of PS. Case No.-43 Year-2026 Thana- BARHIYA District- Lakhisarai
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                 Benga @ Banga @ Ram Prasad Mahto @ Ram Prasad Ray Son of Bahadur
                 Sahni @ Bahadur Ray Resident of Village -Barahiya Near B.N.M. College,
                 PS. -Barahiya District -Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sanjeev Kumar, Advocate
                 For the Opposite Party/s :        Ms.Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   01-07-2026                      Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Barahiya P.S. Case No. 43 / 2026 registered for the

                   offence(s) punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                 3. As per the allegation made in the FIR, 45 litres of

                   country made Mahua liquor                  and 2000 litres of fermented

                   Mahua were recovered from Garhtola Dih Diyara near bank of

                   river Ganga.

                                 4. Learned counsel appearing on behalf of the

                   petitioner submitted that petitioner is innocent and has falsely

                   been implicated in the present case. Learned counsel further
Patna High Court CR. MISC. No.37334 of 2026(2) dt.01-07-2026
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          submitted that recovery of illicit liquor has been made from the

          Garhtola Dih Diyara near bank of river Ganga, which is an

          open space and is easily accessible by anyone. Petitioner has no

          concern either with the place of recovery or with the alleged

          recovered liquor.

                        5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                        6. Having heard the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the FIR and the fact that recovery of illicit liquor has

          been made from the Garhtola Dih Diyara near bank of river

          Ganga, which is an open space and is easily accessible by

          anyone, I am of the opinion that petitioner has, prima facie,

          made out a case to be released on pre-arrest bail.

                       7. The petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of his arrest or surrender

          before the learned District Court within a period of four weeks

          from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

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

          satisfaction of learned          Concerned Court where the case is

          pending in connection with Barahiya P.S. Case No. 43 / 2026,

          subject to the conditions as laid down under Section 482(2) of
           Patna High Court CR. MISC. No.37334 of 2026(2) dt.01-07-2026
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                     the BNSS.

                                  8. The learned District Court is directed to verify the

                     criminal antecedent of the petitioner and if it is found that the

                     petitioner is involved in some other cases, as what has been

                     stated in paragraph no.3 of the bail application, this order will

                     automatically lose its force.



                                               (Purnendu Singh, J)
Sanjay/-

U      T