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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20333 of 2025 Arising Out of PS. Case No.-486 Year-2018 Thana- KHAJEKALA District- Patna ====================================================== Sanjay Kumar @ Sanjay Rai @ Sanjay Ray Son of Mishri Rai R/o mohalla - Khajekalan, Jai Krishna Road School, Near Mittan Ghat, P.S.- Khajekalan, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan, Advocate For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Special Case No. 12095 of 2018, arising out of Khajekalan P.S. case No. 486 of 2018 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 360 liters liquor was recovered from Hawa Hawai vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.20333 of 2025(2) dt.04-04-2025 2/3 The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the name of the petitioner has transpired on the basis of disclosure made by co-accused. The petitioner is in custody since 15.02.2025 and has got two criminal antecedents. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Special Case No. 12095 of 2018, arising out of Khajekalan P.S. case No. 486 of 2018, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every

Patna High Court CR. MISC. No.20333 of 2025(2) dt.04-04-2025 3/3 date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Pankaj/- U T