Bablu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41457 of 2025 Arising Out of PS. Case No.-360 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Bablu Rai Son of Late Lallu Ray Resident of Sandha, P.S.- Muffasil, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-11-2025 Heard Mr. Mirtunjay Kumar Tiwary, learned counsel for the petitioner and Ms. Renu Kumari, learned APP for the State. 2.

The petitioner apprehends his arrest in connection with Chapra Muffasil PS Case No. 360 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 250 litres of liquor was recovered from two motorcycles. 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

Patna High Court CR. MISC. No.41457 of 2025(4) dt.19-11-2025 2/3 disclosure made by local chowkidar. It is submitted that petitioner allegedly fled away from the spot. Learned counsel for the petitioner, therefore, contends that prima-facie no case is made out against the petitioner. Learned counsel further submitted that petitioner is neither the owner nor the driver of the vehicle. The petitioner has got no concern with the alleged recovery of liquor. The petitioner has no criminal antecedent. 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 28-03-2025, passed in Cr. Misc. No. 18751 of 2025.

5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chapra Muffasil PS Case No. 360 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha

Patna High Court CR. MISC. No.41457 of 2025(4) dt.19-11-2025 3/3 Sanhita, 2023.

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