Munna Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32470 of 2025 Arising Out of PS. Case No.-525 Year-2020 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Munna Ray Son of Radha Kishun Ray@ Radha Krishna Ray Resident of Village- Sandha Newaji Tola, P.S.- Chapra Muffasil, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mili Kumari For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 20-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Chapra Muffasil P.S. Case No. 525/2020 registered for the offences punishable under Sections 30(a), 36, 41 (i) of the Bihar Prohibition of Excise Act.

3. As per prosecution case, there is alleged recovery of 275 litre country made liquor, 240 kg. Molasses, 100 kg. sugar from the Chaur situated at village-Ghose Colony Sada. It is alleged that there is alleged recovery of 150 litre country made liquor, 120 kg. Molasses, 50 kg. Sugar and three aluminum drums from the pond situated at village Umanagar Chaur. It is further alleged that local Chaukidar disclosed the name of the petitioner and others who are said to have involved

Patna High Court CR. MISC. No.32470 of 2025(2) dt.20-05-2025 2/3 in manufacturing and selling illicit country made liquor.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. The petitioner bears no criminal antecedents. Name of petitioner has been transpired in this case on the basis of disclosure of local Chaukidar. Except disclosure, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. The petitioner was not found at the place of occurrence. No incriminating article has been recovered from the possession of the petitioner. The petitioner has no concern with the seized liquor. The place of recovery is open place which is accessible to all and the petitioner cannot be held liable for the same. He further submits that the petitioner is not in any way connected with the alleged occurrence. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition of Excise Act.

5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent, argument advanced on behalf of both sides and also taking into consideration the

Patna High Court CR. MISC. No.32470 of 2025(2) dt.20-05-2025 3/3 material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of learned 1st Exclusive Special Excise Court, Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 525/2020, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

7. The application stands allowed.

(Alok Kumar Pandey, J) amitkumar/- U T