Suresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27831 of 2025 Arising Out of PS. Case No.-30 Year-2025 Thana- PARSA District- Saran ====================================================== 1.

Suresh Rai S/o Jhuthan Rai Resident of Parsauna, PS- Parsa, District- Saran 2.

Bharosh Rai S/o Jhuthan Rai Resident of Parsauna, PS- Parsa, DistrictSaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anjani Parashar, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Parsa PS Case No. 30 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 50 liters country made liquor was recovered from a field adjacent to the house of petitioner No.2.

4.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have

Patna High Court CR. MISC. No.27831 of 2025(2) dt.01-05-2025 2/2 got no concern with the alleged recovery of liquor. It is submitted that recovery is from an open place, which is accessible to one and all. Petitioner No.1 is in custody since 17-02-2025, having no criminal antecednet, whereas petitioner No.2 is in custody since 19-02-2025, having one criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Parsa PS Case No. 30 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T