Ganesh RayversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41914 of 2026
                        Arising Out of PS. Case No.-164 Year-2026 Thana- SUPPI District- Sitamarhi
                 ======================================================
                 Ganesh Ray S/O Shyam Kishor Ray R/V - Jamla, P/S - Suppi, Dist -
                 Sitamarhi
                                                                     ... ... Petitioner
                                             Versus
                 The State of Bihar Patna
                                                              ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Pushpendra Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr.Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   01-07-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Suppi P.S. Case No.

                   164 of 2026 registered for the offences punishable under

                   Sections 30(a) of Bihar Prohibition & Excise (Amendment) Act,

                   2018 and section 317 of the Bhartiya Nyay Sanhita, 2023.

                             3. The allegation against the petitioner is to have in

                   possession of 105.6 litres of Nepali Desi Liquor and engaged in

                   illegal trading/manufacturing of illicit liquor and further

                   allegation to tamper with engine number and chassis number is

                   also available against this petitioner.

                             4. Learned counsel appearing on behalf of the petitioner

                   submitted that apparently recovery of alleged illicit liquor was

                   not made from conscious possession of this petitioner. It is
Patna High Court CR. MISC. No.41914 of 2026(2) dt.01-07-2026
                                            2/3




          submitted that two co-accused persons namely, Chandan Kumar

          and Pinki Kumari were arrested with illicit liquor. It is

          submitted that the name of petitioner disclosed by the

          apprehended co-accused persons out of previous enmity and

          also for the suspicion that the petitioner was implicated in ten

          criminal cases, where he is on bail.

                   5. Arguing further, it is submitted that the prayer of bail

          of accused should not be ordinarily rejected on the sole ground

          of his criminal antecedent, if merit of the case otherwise appears

          in his favour. In support of his submission, learned counsel

          relied upon the legal report of Hon’ble Supreme Court as

          available through Prabhakar Tewari Vs. State of U.P. and

          Another reported in (2020) 11 SCC 648.

                   6. Learned A.P.P. for the State has opposed the prayer for

          anticipatory bail of the petitioner.

                   7. In view of the aforesaid factual submissions and by

          taking note of the fact as recovery of illicit liquor prima-facie

          not appears to be made from physical possession of this

          petitioner, accordingly, above-named petitioner, in the event of

          his arrest/surrender within a period of four weeks from this

          order, is directed to be enlarged on bail on furnishing of bail

          bond of Rs.10,000/- (ten thousand only) with two sureties of the
           Patna High Court CR. MISC. No.41914 of 2026(2) dt.01-07-2026
                                                       3/3




                     like amount each to the satisfaction of learned Special Judge,

                     Exclusive Excise Court–01, Sitamarhi/concerned court in

                     connection with Suppi P.S. Case No. 164 of 2026, subject to the

                     conditions as laid down under Section 438(2) of the

                     Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita

                     (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T