Nathuni Rai @ Nathuni Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17467 of 2025 Arising Out of PS. Case No.-1502 Year-2024 Thana- Excise P.S. District- Muzaffarpur ====================================================== Nathuni Rai @ Nathuni Ray S/o Late Pryag Ray R/o vill - Harpur Mahmada, P.S.- Pusa, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Sections 30(a) and 32(3) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 1186 litres of illicit liquor was recovered from the Bolero vehicle of which petitioner is registered owner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Further submission is that although petitioner had sold the vehicle in question on 16.02.2016 to one Mukesh Kumar and in this regard, he has also filed the copy of the sale deed with the petition (Annexure-P/2), but inadvertently the name of the new

Patna High Court CR. MISC. No.17467 of 2025(5) dt.14-10-2025 2/2 owner of the vehicle has not been substituted. Petitioner had no knowledge with respect to misuse of the Bolero vehicle by the purchaser. It is submitted that petitioner has no concern with the seized illicit liquor and nothing has been recovered from the conscious possession of the petitioner. Petitioner is an old man having aged about 76 years. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Excise P.S. Case No. 1502 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) utkarsh/- U T