IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88043 of 2025 Arising Out of PS. Case No.-589 Year-2025 Thana- MALSALAMI District- Patna ====================================================== Mukesh Ray S/o- Sajivan Ray @ Sanjivan Ray R/O- Nurudinganj Ghat, Kinare, PS- Malsalami Dist- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nityanand Kumar, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 23-12-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is seeking bail in connection with Malsalami P.S. Case No.589 of 2025, dated 19.11.2025 registered for the offences under Sections 30(a) of Bihar Prohibition and Excise Act. 3. As per the FIR, 1,850 liters of country-made liquor were allegedly recovered, kept in jute and plastic bags, and 100 liters of country-made liquor were recovered from two scooty. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case solely on the basis of statements made by local people. There has been no recovery from the petitioner or from his constructive possession. The petitioner also has no concern Patna High Court CR. MISC. No.88043 of 2025(2) dt.23-12-2025 2/2 with the alleged recovered liquor or the scooter, and he was not apprehended at the spot. The petitioner has been in judicial custody since 21.11.2025. Lastly, it is submitted that the petitioner has no criminal antecedents. 5. Learned APP for the State vehemently opposed the prayer for bail. 6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the constructive possession of the petitioner, accordingly, this Court is inclined to grant regular bail to the petitioner. 7. Let the petitioner, above named, be enlarged 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 the learned Exclusive Special Court of Excise, Patna City/ Successor Court, in connection with Malsalami P.S. Case No.589 of 2025. shikha/- (Ajit Kumar, J) U T