Patna High CourtCR. MISC./25836/2025bail granted

Shiojee Rai @ Shiv Jee Rai v. The State Of Bihar

2025-04-24Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25836 of 2025 Arising Out of PS. Case No.-47 Year-2025 Thana- ISUAPUR District- Saran ====================================================== Shiojee Rai @ Shiv Jee Rai Son of Chanar Rai @ Chandar Ray R/O Village - Lawuan, P.S.- Isuapur, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar, Adv.

For the Opposite Party/s :

Ms.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Isuapur P.S. Case No. 47 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 30 liters of illicit country-made liquor from the motorcycle bearing Regd. No. BR04AE4067.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner was not arrested on the spot. The

Patna High Court CR. MISC. No.25836 of 2025(2) dt.24-04-2025 2/3 name of the petitioner has surfaced in this case on the basis of the disclosures made by the local Choukidar. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is not the owner of the alleged motorcycle. The petitioner has also no concern with the seized liquor. There is a noncompliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has four criminal antecedent almost of similar nature of offence and is languishing in judicial custody since 12.03.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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

Patna High Court CR. MISC. No.25836 of 2025(2) dt.24-04-2025 3/3 Court below/concerned Court in connection with Isuapur P.S. Case No. 47 of 2025.

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