IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87158 of 2025 Arising Out of PS. Case No.-671 Year-2025 Thana- DARIYAPUR District- Saran ====================================================== Mithilesh Rai @ Jharkat Rai S/O Nihora Rai Resident of village- Itawa English, Police Station- Dariyapur, District- Saran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Mili Kumari, Advocate For the Opposite Party/s : Mr.Umesh Lal Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 13-01-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Dariyapur PS Case No. 671 of 2025 instituted for the offences under Section/s 30(a), 30(c), 34 & 36 of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 320 liters country made liquor was recovered, out of which 105 liters of country made liquor was recovered from behind the house of petitioner. 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 Patna High Court CR. MISC. No.87158 of 2025(2) dt.13-01-2026 2/2 no concern with the alleged recovery of liquor. It is submitted that recovery is from an open place, which is accessible to one and all. He further submits that other co-accused Rajeev Kumar @ Sonalika has been granted bail vide order dated 04.12.2025 passed in Criminal Miscellaneous No. 84413 of 2025. The petitioner is in custody since 26.10.2025 and has got no 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 Dariyapur PS Case No. 671 of 2025. manish/- (Rudra Prakash Mishra, J) U T