Ramashankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22566 of 2025 Arising Out of PS. Case No.-624 Year-2022 Thana- MAHUA District- Vaishali ====================================================== Ramashankar Rai, S/o Late Ishwar Rai, R/o Village- Daudnagar, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Mahua P.S. Case No.624 of 2022 registered under Sections 272, 273 read with 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 10 liters of IMFL/country-made liquor.

4. It is submitted by learned counsel

Patna High Court CR. MISC. No.22566 of 2025(2) dt.01-05-2025 2/3 appearing for the petitioner that the petitioner has been implicated with present case only for the reason that he is the owner of the tempo bearing Registration No. BR31P-6686. It is submitted that the vehicle of petitioner is a public carrier and accessible by general public, where from two passengers aforesaid illicit liquor alleged to be recovered. The petitioner is said to be a man of clean antecedent.

5. Learned APP opposed the prayer of bail.

6. In view of aforesaid factual submissions and by taking note of fact, as recovery of illicit liquor prima facie not appears to be made from conscious physical possession of this petitioner, where implication prima facie appears being owner of the vehicle, where petitioner is a man of clean antecedent, accordingly, the petitioner, abovenamed, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten

Patna High Court CR. MISC. No.22566 of 2025(2) dt.01-05-2025 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-II-cum-Additional District and Sessions Judge, Vaishali at Hajipur in connection with Mahua P.S. Case No.624 of 2022, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) Sanjeet/- U T