Patna High CourtCR. MISC./854/2025bail granted

Rajesh Rai v. The State Of Bihar

2025-02-10Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.854 of 2025 Arising Out of PS. Case No.-9 Year-2021 Thana- CHHATAUNI District- East Champaran ====================================================== Rajesh Rai Son of Late Vishwanath Rai Resident of Village- Bara Bariyarpur Ward No. 13, P.S.- Chhatauni, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar , Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-02-2025 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30 (a) , 41 of Bihar Prohibition and Excise Act.

3 . It is alleged that 12222.860 liters of foreign liquor was recovered from container bearing No. UP21N6162.

4. It is submitted that the petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion . Petitioner is neither owner nor driver of the container. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner has got one criminal antecedent of similar nature .

Patna High Court CR. MISC. No.854 of 2025(2) dt.10-02-2025 2/2 5 . Learned counsel for the State opposes the bail petition .

6. Considering the facts of the case , in the event of arrest/surrender within eight weeks from today, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Court No. 1 Motihari East Champaran in connection with Chhatauni Police Station Case No. 9 of 2021 , subject to the conditions laid down under section 482 ( 2 ) of BNSS 2023 .

(Prabhat Kumar Singh, J) Koushik/- U T