Ram Ratan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15721 of 2025 Arising Out of PS. Case No.-258 Year-2024 Thana- MAHNAR District- Vaishali ====================================================== 1.

Ram Ratan Rai S/O Basudeo Ray R/O Village- Nayagaon (Nayaganj ) P.SDesri, District- Vaishali at Hajipur (Bihar). 2.

Anish Kumar S/O Satya Narayan Rai R/O Village- Taiyabpur, P.S- Desri, Distt.- Vaishali at Hajipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar, Advocate For the Opposite Party/s :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Mahnar P.S. Case No. 258 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. The case of the prosecution is that from an Alto Car altogether 180 litres of country made liquor was recovered. Police had information that the petitioners and others were indulged in the business of liquor.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.15721 of 2025(2) dt.21-04-2025 2/3 petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. It has further been submitted that petitioner no.1 is not the owner and petitioner no.2 is not the driver of the car. It has also been submitted that that they are not concerned in any way with the vehicle or the seized liquor. Their name has surfaced on the basis of secret information. The source of information is not disclosed.

5. Learned APP appearing for the State has opposed the prayer for bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Mahnar P.S. Case No. 258 of 2024, they will be enlarged on bail on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Court, Vaishali at Hajipur, subject to

Patna High Court CR. MISC. No.15721 of 2025(2) dt.21-04-2025 3/3 the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Anushka/- U T