Chhathu Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 12079 of 2025 Arising Out of PS. Case No.-239 Year-2020 Thana- Excise P.S. District- East Champaran ====================================================== Chhathu Ray, aged about 60 years, Male, S/O Late Jagdev Ray, resident of village -Mohaddipur, P.S.- Chiraiya, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Excise PS Case No.239 of 2020 dated 24.06.2020, instituted under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The allegation is of recovery of ten litres countrymade liquor and 3000 litres of fermented jaggery solution from the bank of the canal.
4. Learned counsel for the petitioner submits that the petitioner has been made accused only on the basis of suspicion and disclosure made by the local people of the area. Nothing has been recovered either from the conscious possession or from the house of the petitioner. Lastly, it is submitted that the petitioner has no criminal antecedents.
Patna High Court CR. MISC. No. 12079 of 2025(2) dt.02-04-2025 2/2
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-2, East Champaran, Motihari, in Excise PS Case No.239 of 2020, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T