Chandan Rai @ Chandan Ray @ Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22684 of 2025 Arising Out of PS. Case No.-198 Year-2024 Thana- BELA District- Sitamarhi ====================================================== Chandan Rai @ Chandan Ray @ Chandan Kumar S/O Late Ram Babu Ray R/O Village- Sirsiya, Ward No. 11, P.S.- Bela, Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hans Lal Kumar For the Opposite Party/s :
Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-04-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Bela P.S. Case No. 198 of 2024 registered for the offences punishable under Section 317 (5) of the BNSS and Section 30 (a) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to be engage in illegal trading/manufacturing of illicit liquor, where, there is recovery of 27 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner was named with the present case on the basis of disclosure made by apprehended
Patna High Court CR. MISC. No.22684 of 2025(2) dt.30-04-2025 2/3 co-accused person. It is submitted that no recovery of illicit liquor as per seizure list appears recovered from the physical possession of this petitioner. It is pointed out that one of the reason for implication of petitioner with the present case as he was found involved in four more cases of similar nature, where he is on bail. It is submitted that prayer of bail of accused/petitioner ordinarily should not be rejected, on the sole ground of his criminal antecedents if merit of the case otherwise appears in his favour. In support of his submission learned counsel relied upon the legal report of Hon'ble Supreme Court as available through Prabhakar Tewari Vs. State of Uttar Pradesh and Another (2020 SCC OnLine SC 75).
5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.
6. In view of the facts and circumstances and by taking note of the fact as recovery of illicit liquor prima-facie not appears to be made from the physical possession of this petitioner, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Trial Court
Patna High Court CR. MISC. No.22684 of 2025(2) dt.30-04-2025 3/3 within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court1, Sitamarhi/concerned Trial Court where the case is pending in connection with Bela P.S. Case No. 198 of 2024 subject to the conditions as laid down under Section 482(2) of the BNSS with further conditions:- (i) That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T