IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68685 of 2025 Arising Out of PS. Case No.-644 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Rakesh Kumar @ Rakesh Rai S/o Bishundev Rai @ Bishandev Ray R/o Village- Mohiuddinpur, P.S.- Bidupur in the District of Vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Kumar, Adv. For the Opposite Party/s : Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 08-10-2025 Heard learned Advocate for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest in connection with Bidupur P.S. Case No.644 of 2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The police on a tip-off trade of illicit wine conducted raid in a Saw Mill and apprehended one Pramod Rai, who is allegedly involved in storage of illicit wine. In course of search, total 19.16 lts. of Indian Made Foreign Liquor and 30 lts. spirit were recovered. 4. Learned Advocate for the petitioner submitted that the narratives of the FIR clearly suggest that Saw Mill in question belongs to co-accused Pramod Rai and the petitioner is Patna High Court CR. MISC. No.68685 of 2025(2) dt.08-10-2025 2/3 not even named in the FIR. However, later on, confession of the co-accused person was recorded and the name of the petitioner has been implicated in this case as a renter of Saw Mill. Save and except the confessional statement, that too before the police, which has no evidentiary value, there is no material suggesting complicity of the petitioner in crime. One criminal antecedent of the petitioner in identical nature of crime is said to be the reason for his false implication. There are various other infirmities in the search and seizure. 5. On the other hand, learned Advocate for the State opposed the bail application. 6. Regard being had to the submissions made on behalf of the parties and considering the fact that save and except the confessional statement, there is no other cogent material, besides the infirmities in the search and seizure and the lack of materials attracting the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Patna High Court CR. MISC. No.68685 of 2025(2) dt.08-10-2025 3/3 Court No.1-cum-District and Additional Sessions Judge, Vaishali at Hajipur in connection with Bidupur P.S. Case No.644 of 2023, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner. rohit/- (Harish Kumar, J) U T