Nageshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4109 of 2025 Arising Out of PS. Case No.-514 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== Nageshwar Rai Son of Vasu Rai @ Basu Rai Permanent Resident of Rani Sarai Makhdumpur, PS- Bakhtiyarpur, District- Patna at present Resident of Mittan Ghat, Rental of Shailu Rai, PS- Khajekalan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Pradhan, Adv.

For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Alamganj P.S. Case 514/2024 dated 25.06.2024 registered for the offences punishable u/s 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 100 litres of illicit country-made liquor was recovered from the scooty.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the

Patna High Court CR. MISC. No.4109 of 2025(2) dt.14-02-2025 2/2 FIR. The petitioner is not the owner of the said vehicle. The petitioner has no concern with the alleged recovery. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 19.11.2024. The similarly situated co-accused, Kundan Kumar @ Kundan Singh has been granted regular bail by this Court vide order dated 13.08.2024 passed in Cr. Misc. No. 57730 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna city, Patna in connection with Alamganj P.S. Case 514/2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shivam/- U T