Bittu Rai @ Ved Prakash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14200 of 2025 Arising Out of PS. Case No.-114 Year-2023 Thana- SAHPUR District- Patna ====================================================== Bittu Rai @ Ved Prakash Rai Son of Late Awadhesh Rai @ Awadhesh Prasad village- Ganghara (Devchand Bhagat ka Tola), Ps- Shahpur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mirityunjay Kumar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-04-2025 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 Special Excise Case No. 348 of 2023 arising out of Shahpur P.S. Case No. 114 of 2023 dated 16.02.2023 registered for the offences punishable u/ss 30(a), 41 and 56 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 250 litres of illicit country made liquor was recovered from the bush.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The said recovery was made from an open place that is accessible to anyone. The petitioner has no concern with the

Patna High Court CR. MISC. No.14200 of 2025(2) dt.22-04-2025 2/2 alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has five criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 26.10.2024.

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, Danapur in connection with Special Excise Case No. 348 of 2023 arising out of Shahpur P.S. Case No. 114 of 2023, with the condition- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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