Bhushan Kumar Ray @ Bhushan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4505 of 2025 Arising Out of PS. Case No.-200 Year-2022 Thana- SONEPUR District- Saran ====================================================== 1.

Bhushan Kumar Ray @ Bhushan Rai S/o- Vishanath Ray @ Vishwanath Ray Village- Sabalpur Chaharam Ps- Sonepur Dist- Saran 2.

Bhulan Ray S/o- Vishanath Ray @ Vishwananth Ray Village- Sabalpur Chaharam Ps- Sonepur Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raushan Raj, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 30(a)/41(i) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 80 litres county made liquor has been recovered from the bank of Gandak river.

4. Learned counsel for the petitioners submits that no incriminating material has been recovered from conscious possession of these petitioners and they are not concerned with the alleged recovery. Recovery has been made from an open place, accessible to one and all. Petitioners have got two

Patna High Court CR. MISC. No.4505 of 2025(2) dt.24-02-2025 2/2 criminal antecedents out of which one antecedent is of similar nature in which they are on bail.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the place of recovery and other facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Sonepur P. S. Case No. 200 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T