Sudhir Rai @ Sudhir Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27639 of 2025 Arising Out of PS. Case No.-642 Year-2024 Thana- BHAGWAN BAZAR District- Saran ====================================================== Sudhir Rai @ Sudhir Ray S/o Munilal Rai R/o Vill.- Katra Nawaji Tola, P.S.- Bhagwan Bazar, Distt.- Saran at Chapra ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :
Mrs. Asha Devi, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3. The prosecution story in brief is that on 16.12.2024 at 09:00 AM, Amirta Kumari (informant) a Probationary SI at P.S. Bhagwan Bazar along with a Home Guard went for patrolling duty. Around 04:30 PM, near Dharmnath temple, she received secret information that the petitioner has stored country made liquor in plastic bags and transport it using tempo. On reaching, the petitioner was standing near three bags and fled away on seeing the police.
4. Learned counsel for the petitioner submits
Patna High Court CR. MISC. No.27639 of 2025(2) dt.07-05-2025 2/3 petitioner has antecedents of three cases and allegation is of recovery of 75 liters of country made wine. It is further submitted that petitioner is innocent and has been falsely implicated in the present case, it is next submitted that nothing has been recovered from the conscious possession of the petitioner, it is also submitted that name of the petitioner has been implicated on the basis of disclosure made by the local persons which has no evidentiary value.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the fact that nothing has been recovered from the conscious possession of the petitioner and also that the seizure memo has been prepared which does not bear the names and signatures of two independent witnesses, which put a serious question mark on the legality and validity of the seizure itself.
7. Accordingly, the petitioner in the event of his arrest or surrender within four weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Exclusive Special Excise Judge, Saran at Chapra in connection with
Patna High Court CR. MISC. No.27639 of 2025(2) dt.07-05-2025 3/3 Bhagwan Bazar P.S. Case No. 642 of 2024, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Alok Kumar Sinha, J) Gaurav Sinha/- U T