Vijay Ray @ Vijay Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16230 of 2025 Arising Out of PS. Case No.-26 Year-2025 Thana- RAGHOPUR District- Vaishali ====================================================== 1.

Vijay Ray @ Vijay Roy Son of Late Jaisi Ray Residents of Village -Mallikpur, P.S- Raghopur, District -Vaishali 2.

Ranjit Kumar Son of Vijay Ray Residents of Village -Mallikpur, P.SRaghopur, District -Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Usha Kumari Singh For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. At the very outset, learned counsel for the petitioners prays for and is permitted to withdraw this application on behalf of petitioner no. 2.

3. Accordingly, this application is dismissed as withdrawn with regard to petitioner no. 02 with a liberty to the petitioner no. 02 to surrender and pray for regular bail and if the petitioner no. 02 surrenders and prays for regular bail then his regular bail application shall be considered on the fact that petitioner no. 02 has clean antecedent and the recovery of illicit liquor is from the outside the house of the petitioners.

4. The petitioner no. 1 apprehends his arrest in connection with Raghopur P.S. Case No. 26 of 2025 registered for the offence under Sections 274, 275 of the BNS and under Section 30(a) of the Bihar Prohibition and Excise Amendment

Patna High Court CR. MISC. No.16230 of 2025(2) dt.02-04-2025 2/2 Act.

5. As per the prosecution case, there is recovery of 30 liters of illicit liquor from the cow shade of the petitioners.

6. It has been submitted by the learned counsel for the petitioners that the petitioner no. 1 is innocent and he has falsely been implicated in this case.

7. Considering the aforesaid facts, this application is allowed with regard to petitioner no. 1.

8. Let the petitioner no. 1, above named, in the event of his arrest or surrender before the concerned Court below within four weeks from today, 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 thelearned Exclusive Special Prohibition and Excise Court No. 2-cumDistrict and Additional Sessions Judge, Hajipur, Vaishali/concerned Court below in connection with Raghopur P.S. Case No. 26 of 2025,subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482 of the BNSS.

(Sandeep Kumar, J) Vikas/- U