Patna High CourtCR. MISC./26870/2025bail granted

Prabhunath Rai v. The State Of Bihar

2025-04-30Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26870 of 2025 Arising Out of PS. Case No.-109 Year-2024 Thana- CHACKMEHSI District- Samastipur ====================================================== Prabhunath Rai S/o Sonelal Ray, Resident of Village- Namapur Khedhi, P.S.- Chakmehsi @ Chak Mahsi, Distt.- Samastipur.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Chakmehsi P.S. Case No. 109 of 2024 dated 11.07.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 280 litres of illicit foreign liquor was recovered from the roof of the joint house of the petitioner and the co-accused person.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner, rather the recovery has been made

Patna High Court CR. MISC. No.26870 of 2025(2) dt.30-04-2025 2/2 from the roof of the joint house of the petitioner which is an open place and accessible for all. The petitioner has no concern with the alleged recovery. The petitioner has two criminal antecedents as stated in paragraph no. 3 of the bail petition. The petitioner is in custody since 21.03.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise, Court No. I, Samastipur, in connection with Chakmehsi P.S. Case No. 109 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shahnawaz/- U T