Shiv Chandra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3320 of 2025 Arising Out of PS. Case No.-389 Year-2024 Thana- GORAUL District- Vaishali ====================================================== 1.
Shiv Chandra Rai, S/o- Late Hulas Rai, 2.
Ravi Ranjan Kumar @ Ranjan Kumar, S/o- Shivchandra Ray, Both are resident of Village- Salempur Dumariya, P.S.- Goraul (OP Kathara), Dist- Vaishali ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Ranjan Sinha, Advocate For the Opposite Party/s :
Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR and apprehending their arrest in connection with Goroul (Kathara) P.S. Case No.389 of 2024 registered under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. Allegation against the petitioners is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 36.1875 liters of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for the petitioners that the name of petitioners transpired in this case on the basis of disclosure made by co-accused, namely,
Patna High Court CR. MISC. No.3320 of 2025(2) dt.12-02-2025 2/3 Laxman Rai. It is pointed out that the recovery was made from the house of Laxman Rai. It is submitted that illicit liquor not appears to be recovered from the physical possession of these petitioners. While concluding argument, it is submitted that petitioners were involved in one more criminal case, where they are on bail.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid facts and circumstances and by taking note of fact as the alleged illicit liquor prima facie not appears to be recovered from physical possession of these petitioners, accordingly, both above-named petitioners are directed to be released on bail, in the event of their arrest or surrender in the court below within a period of four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.01cum-Additional District and Sessions Judge, Vaishali at Hajipur in connection with Goroul (Kathara) P.S. Case No.389 of 2024, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS and
Patna High Court CR. MISC. No.3320 of 2025(2) dt.12-02-2025 3/3 with further condition:- (i) That petitioners shall not indulge in similar nature of cases till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for cancellation of bail bonds of the petitioners.
(Chandra Shekhar Jha, J.) Sanjeet/- U T