IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2442 of 2026 Arising Out of PS. Case No.-453 Year-2025 Thana- DIGHWARA District- Saran ====================================================== Jitendra Rai S/o Madan Rai R/o Village - Habaspur Phutani Bazar, P.S - Shahpur, District - Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vasant Vikas, Adv. For the Opposite Party/s : Ms. Shaheen Begum, 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 Dighwara PS Case No. 453 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 170 liters of foreign liquor was recovered from near river bank. 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 name of the petitioner transpired in this case on the disclosure made by the mahal chowkidar. Learned counsel for the petitioner submits Patna High Court CR. MISC. No.2442 of 2026(2) dt.19-01-2026 2/2 that the recovery has been made near the bank of river which is an open place accessible to one and all. The petitioner is in custody since 07.12.2025 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 Dighwara PS Case No. 453 of 2025. Siddharth Soni/- (Rudra Prakash Mishra, J) U T