Ram Janam Rai @ Luchi Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3190 of 2025 Arising Out of PS. Case No.-237 Year-2024 Thana- RIVILGANJ District- Saran ====================================================== Ram Janam Rai @ Luchi Rai S/O Late Bhagelu Rai R/O Vill.- Katra Baradari, P.S.- Rivilganj, Dist.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-02-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Rivilganj Police Station Case No. 237 of 2024, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the FIR, on 12.08.2024, informant, on secret information, reached at the place of occurrence along with his associates and saw that three persons were packaging liquor in sack. On seeing the police party, all the three persons tried to flee and managed to escape. The gathered persons disclosed the name of the persons who fled as Randhir Rai, Luchi Rai and Rajesh Rai, and they further disclosed that all three persons

Patna High Court CR. MISC. No.3190 of 2025(2) dt.19-02-2025 2/3 bring illicit liquor from Diyara area and supply the same. On search, total 140 liters of illicit country made liquor has been recovered.

4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence as alleged and he has falsely been implicated in the present case by the police. Petitioner's name has transpired on the basis of disclosure made by local people who have inimical terms with the petitioner. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has been made accused merely on the basis of suspicion.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that recovery of illicit liquor has been made from an open place which is accessible to everyone, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, 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 learned 2nd Exclusive Special Exicse Judge, Saran

Patna High Court CR. MISC. No.3190 of 2025(2) dt.19-02-2025 3/3 at Chapra, in connection with Rivilganj Police Station Case No. 237 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) HarshPandey/- U T