Radhamohan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20374 of 2025 Arising Out of PS. Case No.-475 Year-2024 Thana- GHORASAHAN District- East Champaran ====================================================== Radhamohan Ray S/o- Shiv Dayal Rai Resident of village- Baswariya P.sGhorasahan District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Ghorasahan P.S. Case No. 475/2024 dated 31.12.2024 registered for the offences punishable u/s 30(a) and 41(1) of the Bihar Prohibition and Excise Act and section 317(5) of the B.N.S.

3. As per the prosecution case, total 134.4 litres of illicit Nepali country-made liquor was recovered from the three jute sack kept on the motorcycle. Further, 89.10 litres of illicit Nepali country-made liquor was recovered from the two jute sacks kept on the cycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.20374 of 2025(2) dt.16-04-2025 2/2 possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has nine antecedents and he is on bail in eight other cases as stated in para 3 of the bail petition. The petitioner is in custody since 27.01.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Ghorasahan P.S. Case No. 475/2024, with the conditon:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T