Santosh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33234 of 2025 Arising Out of PS. Case No.-5 Year-2025 Thana- BOKHRA District- Sitamarhi ====================================================== Santosh Ray S/o Ram Dev Ray R/o Village- Kurhar, P.S.- Bokhra, DistrictSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-05-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Bokhra P.S. Case No. 05 of 2025 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to be engage in illegal trading/manufacturing of illicit liquor, where, there is recovery of 1000.86 litres of IMFL/country made liquor.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.33234 of 2025(2) dt.20-05-2025 2/3 petitioner submitted that alleged Mahindra Pick-up carrying consignment of illicit liquor was found parked in the campus of one Arun Kumar Jha @ Full Babu Jha and on the basis of disclosure, name of petitioner transpired in the present case. It is submitted that as per seizure, illicit liquor was not recovered from the physical possession of this petitioner. It is pointed out that one of the reason for implication are the criminal antecedents of the petitioner and suspicion arising out of criminal antecedents, as petitioner found involved in four more cases of similar nature, where he is on bail.

5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.

6. In view of aforesaid facts and circumstances and by taking note of the fact as recovery of illicit liquor primafacie not appears to be made from the conscious physical possession of this petitioner, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Trial Court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.33234 of 2025(2) dt.20-05-2025 3/3 amount each to the satisfaction of the learned Special Judge, Exclusive Excise Court No. 2, Sitamarhi/concerned Trial Court where the case is pending in connection with Bokhra P.S. Case No. 05 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS with further condition:- (i) That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T