Kameshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15887 of 2025 Arising Out of PS. Case No.-185 Year-2019 Thana- SAHPUR District- Patna ====================================================== 1.

Kameshwar Rai S/o- Late Vishwanath Rai R/o - Purani Panapur, P.S - Akilpur, District - Saran 2.

Bheli Rai S/o- Late Vishwanath Rai R/o - Purani Panapur, P.S - Akilpur, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary, Adv.

For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-04-2025 Heard Learned Counsel for the petitioners and Learned A.P.P for the State.

2. The petitioners are apprehending arrest in connection with A.B.P. No.2780 of 2024 arising out of Shahpur P.S. Case No.185 of 2019, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution, the total recovery of 50 litres of country-made liquor have been alleged to be made from two plastic gallons, which is the subject matter of the present case.

4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel also submits that petitioners were apprehended at the confessional statement of Chowkidar. Counsel further submits

Patna High Court CR. MISC. No.15887 of 2025(2) dt.02-04-2025 2/2 that petitioners' antecedent are clean. He further submits that the alleged recovery has been made from bush at the stranger place and not from the petitioners' jurisdiction.

5. Learned APP for the State opposes the prayer for bail of the petitioners and submits that criminal antecedent of the petitioners is clean.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with two sureties of the like amount each to the satisfaction of Special Judge Excise, Danapur, Patna in connection with A.B.P. No.2780 of 2024 arising out of Shahpur P.S. Case No.185 of 2019, subject to the following conditions as laid down under Section 438(2) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T