Hari Shankar Rai @ Hari Shankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33734 of 2025 Arising Out of PS. Case No.-76 Year-2025 Thana- ATHMALGOLA District- Patna ====================================================== Hari Shankar Rai @ Hari Shankar S/o- Swarath Rai Resident of VillageNayatola Raghopur PS-Bakhtiyarpur Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Bihari Singh, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner apprehends his arrest in connection with Athmalgola PS Case No. 76 of 2025 instituted for the offences under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 read with Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 50 litres of liquor was recovered from motorcycle.

4.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner transpired in this case on the basis of disclosure made by co-accused. Learned counsel for the petitioner submits that motorcycle does not belong to the

Patna High Court CR. MISC. No.33734 of 2025(2) dt.20-06-2025 2/3 petitioner. Learned counsel for the petitioner, therefore, contends that prima-facie no case is made out against the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner has two criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Other co-accused has been granted regular bail by this Court vide order dated 24-04-2025, passed in Cr. Misc. No. 25784 of 2025.

5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. Referring to impugned order, it is submitted that petitioner is named in the FIR and there is direct and specific allegation against the petitioner that he has given motorcycle and 50 liters liquor to co-accused for delivery of the same to one Neeraj Kumar. 6.

Considering the aforesaid facts and circumstances of the case, there being direct allegation against the petitioner coupled with the fact that the petitioner is named in the FIR, this Court is not inclined to grant anticipatory bail to the petitioner. Prayer for grant of anticipatory bail to the petitioner is, accordingly, rejected.

7.

However, if the petitioner surrenders before the court below within a period of four weeks from today and prays

Patna High Court CR. MISC. No.33734 of 2025(2) dt.20-06-2025 3/3 for regular bail, the same would be considered by the court below in accordance with law without being prejudiced by the order of this Court.

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