Anil Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29158 of 2025 Arising Out of PS. Case No.-186 Year-2025 Thana- SONEPUR District- Saran ====================================================== ANIL RAI S/o- Anandi Rai Village- Newal Tola Sabalpur Ps- Sonpur DistSaran. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :
Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 22-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 317(5)/111/61(2) of the B.N.S. and Section 30 (a) of the Bihar Prohibition and Excise Act.
3. Allegation in the first information report relates to recovery of 6912 liters of foreign liquor from a truck.
4. It is submitted by learned counsel for the petitioner that the name of the petitioner features in the first information report on account of some secret information given by the local Chaukidar. It is further submitted that altogether 13 persons were identified including the petitioner who fled away from the scene of occurrence, although the truck was intercepted at 2:00 AM in the dead of the night, hence, there is no question
Patna High Court CR. MISC. No.29158 of 2025(3) dt.22-08-2025 2/3 of any identification. Neither the truck nor any seized vehicle or any seized articles belongs to the petitioner. It is also pointed out that the charge-sheet has been submitted in this case. There is no independent witness to the seizure list and several similarly situated co-accused persons have already been granted anticipatory bail by this Court vide order dated 24.07.2025 passed in Cr. Misc. No.25581 of 2025 and other analogous cases. The petitioner has been languishing in custody since 29.03.2025.
5. Learned APP for the State opposed the bail petition on the ground that the petitioner has two criminal antecedents of similar nature of the offence. In response to this, it is submitted on behalf of the petitioner that the petitioner is on bail in both the cases.
6.
Taking into consideration the facts and circumstances of the case and also considering the fact that no recovery has been made from from the physical/conscious possession, the above named petitioner is directed to 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 Court below where the case is pending/successor Court in connection with Sonepur P.S. Case
Patna High Court CR. MISC. No.29158 of 2025(3) dt.22-08-2025 3/3 No.186 of 2025, subject to the condition that: (i) One of the bailors will be a family member/close relative.
(ii) The petitioner would appear before the learned Court below on each and every date fixed in the case till the charges are framed. In case, the petitioner fails to appear on two consecutive dates, the learned Court below would be at liberty to cancel the bail bonds of the petitioner.
(Soni Shrivastava, J) Trivedi/- U T