Patna High Court
CR. MISC./48333/2026 of Anil Ray Vs The State of Bihar on 22 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48333 of 2026 Arising Out of PS. Case No.-238 Year-2026 Thana- DESARI District- Vaishali ====================================================== Anil Ray S/o Bilat Ray R/o village - Bajitpur, Chaksturi, Ward no - 2,P. S , O. P - Sahdeai,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48333 of 2026
Arising Out of PS. Case No.-238 Year-2026 Thana- DESARI District- Vaishali ======================================================
Anil Ray S/o Bilat Ray R/o village - Bajitpur, Chaksturi, Ward no - 2,P. S , O.
P - Sahdeai, Desari, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Hemant Kumar, Adv.
For the Opposite Party/s :
Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
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ORAL ORDER
22-07-2026 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Desari P.S. Case No. 238 of 2026, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is of involved in storage and sale of illicit wine. On a secret information, the police conducted raid in the house of the petitioner. However, noticing the police party, the petitioner succeeded in fleeing away. In course of search, total 18 liters illicit Indian made foreign liquor and beer was recovered.
4. Learned Advocate for the petitioner submitted that the entire case has been instituted with oblique motive and this Patna High Court CR. MISC. No.48333 of 2026(2) dt.22-07-2026
fact also stands substantiated for the simple reason that had the recovery been made from the house of the petitioner, there would have been signature of any of his family members. But surprisingly, the witnesses are none else but the police personnels. In the aforesaid premise, he further submits that there is complete violation of Section 103(4) of the BNSS. During the course of search, the police also defied the provisions of Section 105 of the BNSS, as no video recording has been conducted, in course of search and seizure. There is complete denial of any recovery. The reason behind the false implication of the petitioner is said to be one past criminal antecedent of identical nature. The petitioner has nothing to do with the present recovery and he undertakes that he will fully co-operate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that recovery from the house of the petitioner clearly suggests his complicity, besides bars the anticipatory bail.
6. Having considered the submissions advanced on behalf of the learned Advocate for the respective parties and taking note of the clear defiance of Sections 103(4) and 105 of the BNSS, besides the lack of other material which attracts the Patna High Court CR. MISC. No.48333 of 2026(2) dt.22-07-2026
rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act, as also the submission of the petitioner that, even if, for the sake of argument, the allegation is taken to be true, the recovery has been made from a joint family house for which the petitioner cannot be held responsible, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court No. 1 – cum – District & Additional Sessions Judge, Vaishali at Hajipur in connection with Desari P.S. Case No. 238 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.
shivank/- (Harish Kumar, J) U T