Raj Kishor Rai @ Raj Kishor Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15633 of 2025 Arising Out of PS. Case No.-252 Year-2024 Thana- SUPPI District- Sitamarhi ====================================================== Raj Kishor Rai @ Raj Kishor Ray Son of Baidyanath Rai @ Jagarnath Rai Resident of Village - Sonakhan, P.S. - Suppi, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subodh Kumar For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-04-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Suppi Police Station Case No. 252 of 2024, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on 24.12.2024, informant got the secret information that petitioner along with 5-6 persons were transporting liquor from Nepal, proceeded towards the place of occurrence and reached near the house of the petitioner and upon seeing the police party, 6 to 7 persons started fleeing away. Out of them, 3 persons were arrested who disclosed the name of the petitioner and others who succeeded in fleeing away. Police recovered 690 liters of Nepali Karishma Saufi liquor from the possession of the arrested accused persons.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case on the basis of disclosure of his name by the arrested co-accused from

Patna High Court CR. MISC. No.15633 of 2025(2) dt.09-04-2025 2/2 whose possession, the illicit liquor has been recovered. He further submits that liquor has not been recovered from the conscious possession and/or premises belonging to the petitioner.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that liquor has not been recovered from the conscious possession and/or premises belonging to the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-I, Sitamarhi, in connection with Suppi Police Station Case No. 252 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.

(Anil Kumar Sinha, J) HarshPandey/- U T