Lalan Rai @ Lalan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39755 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- SIDHWALIYA District- Gopalganj ====================================================== Lalan Rai @ Lalan Ray S/ol Late Raghunath Ray R/o Village- Jalalpur, P.S.- Sidhwaliya, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Priya Raj, Advocate :

Ms. Deepika Mishra, Advocate :

Mr. Ashok Kumar Dubey, Advocate For the Opposite Party/s :

Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Sidhwaliya P.S. Case No. 57 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 43.200 liter foreign liquor from the hut of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case on the basis of suspicion. He further submits that the petitioner was not present on the spot and no incriminating article has been recovered from the conscious or constructive possession of the petitioner. He submits that the place of

Patna High Court CR. MISC. No.39755 of 2025(3) dt.15-09-2025 2/2 occurrence i.e. hut belongs to the joint family property and the petitioner has no concern with the seized liquor. He further submits that petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge XIII-cum-Special Judge Excise, Court No.I, Gopalganj in connection with Sidhwaliya P.S. Case No.57 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) AjayMishra/- U T