IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1737 of 2026 Arising Out of PS. Case No.-608 Year-2025 Thana- MALSALAMI District- Patna ====================================================== Virendra Kumar @ Virendra Rai S/O Shrikant Rai @ Shrikant Ray @ Phaguni Rai R/O Village- Rikabganj, P.S.- Malsalami, Distt.- patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jay Ram Prasad, Adv. For the Opposite Party/s : Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Malsalami PS Case No. 608 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 530 liters of country made liquor was recovered from the jute sack near the bank of river. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel Patna High Court CR. MISC. No.1737 of 2026(2) dt.19-01-2026 2/2 for the petitioner submits that the recovery has been made from an open place which is accessible to one and all and petitioner was only the passerby of the way and has become victim of the circumstances. The petitioner is in custody since 01.12.2025 and has got one criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Malsalami PS Case No. 608 of 2025. Siddharth Soni/- (Rudra Prakash Mishra, J) U T