Rajesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31387 of 2025 Arising Out of PS. Case No.-629 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Rajesh Rai S/o Vishwanath Rai R/o Vill.- Magaidih, P.S.- Chapra Muffasil, Distt.- Saran at Chapra ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Perusal of the first information report and the seizure list, would go to show that 400 liters of country made liquor kept in 30 plastic polythene is said to have been recovered from the spot which was kept hidden under the water. After seeing the police party, the accused persons managed to escape from the spot.

4. It is submitted by learned counsel for the petitioner that the petitioner has been identified as one of the three persons, who were seen fleeing away by the local villagers.

Patna High Court CR. MISC. No.31387 of 2025(2) dt.09-05-2025 2/2 However, nothing has been recovered from the physical or conscious possession of the petitioner. It is further submitted that the place of occurrence is an open place and easily accessible to anyone. There is violation of Section 100 (4) Cr.P.C. It is further submitted that co-accused, Pramod Rai has been granted privilege of anticipatory bail by this Court vide order dated 24.04.2025 passed in Cr. Misc. No.10486 of 2025. Petitioner has no criminal antecedent and has been languishing in custody since 26.03.2025.

5. Taking into consideration the fact and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each 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 Chapra Muffasil P.S. Case No.629 of 2024.

(Soni Shrivastava, J) Trivedi/- U T