Raj Kumar Ray @ Raja Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6511 of 2025 Arising Out of PS. Case No.-254 Year-2024 Thana- RAHIKA District- Madhubani ====================================================== Raj Kumar Ray @ Raja Ray Son of Laldhari Ray @ Shambhu Ray Resident of Village- Kakraul, P.S.- Rahika, Dist.- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Kumar Sah, Advocate For the Opposite Party/s :
Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Rahika PS Case No. 254 of 2024 instituted for the offences under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act.
3.
The prosecution case, in short, is that total 295.205 litres of liquor in which 180 litres of liquor was recovered from car and 94.5 litres of liquor was recovered behind the house of co-accused and 20.705 litres of liquor was recovered from the shop.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.6511 of 2025(2) dt.12-02-2025 2/3 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that recovery is made from an open place, which is accessible to one and all. It is further submitted that petitioner is neither the owner nor the driver of the seized vehicle. It is also submitted that apprehended co-accused disclosed the name of the petitioner. The petitioner is in custody since 17.12.2024 and has got two criminal antecedents in which he is on bail. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted regular bail passed by this Court vide order dated 28.01.2025 in Cr. Misc. No. 3159 of 2025.
5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rahika PS Case No. 254 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the
Patna High Court CR. MISC. No.6511 of 2025(2) dt.12-02-2025 3/3 family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T