Patna High CourtCR. MISC./23213/2025bail rejected

Sanjay Rai @ Sanjay Kumar Rai @ Sanjay Kumar v. The State Of Bihar

2025-05-14Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23213 of 2025 Arising Out of PS. Case No.-107 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== Sanjay Rai @ Sanjay Kumar Rai @ Sanjay Kumar S/O Binod Ray Resident of Village- sain, Posain, P.S-Vaishali (Belsar O.P), District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Archana Jha, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Vaishali (Belsar O.P.) P.S. Case No. 107 of 2021, dated 27.03.2021, lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016, pending before the Court of Exclusive Spl. Judge, Excise, Court-II-cum-AdditionalDistrict & Sessions Judge, Hajipur at Vaishali.

3. As per the prosecution, total recovery of 178.20 litres of illicit liquor has been made, which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. It is further submitted that the petitioner was not apprehended from

Patna High Court CR. MISC. No.23213 of 2025(2) dt.14-05-2025 2/2 the spot, and his name has figured in this case because he is the owner of the said vehicle. Counsel also submits that nothing has been recovered from the possession of the petitioner. However, it is fairly submitted that the petitioner does not have a clean criminal antecedent, as two criminal cases are pending against him.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there are two criminal cases pending against the petitioner, all of which are related to the Excise Act.

6. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

(Dr. Anshuman, J.) Aman Kumar/- U T