Subodh Kumar @ Subodh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35142 of 2025 Arising Out of PS. Case No.-388 Year-2018 Thana- BIDUPUR District- Vaishali ====================================================== Subodh Kumar @ Subodh Kumar Rai S/o Bindeshwar Rai Resident of village- Litiyahi, P.S.- Raghopur, District- vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemant Ray For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest 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 150.120 liters of foreign liquor is said to have been recovered from a car bearing Registration No.BR-31N-8329 and one Suhag Rai was apprehended on the spot.

4. It is submitted by learned counsel for the petitioner that there is no recovery from the physical and conscious possession of the petitioner. As a matter of fact, the name of the petitioner has surfaced in the present case on the basis of suspicion since he is the owner of the seized vehicle. It

Patna High Court CR. MISC. No.35142 of 2025(3) dt.02-07-2025 2/3 has been submitted that the said vehicle had been taken by the co-accused and the petitioner had no knowledge whatsoever that the same had been put to some illegal use. It is further submitted that the mandatory provisions of search and seizure have been violated as there is no independent witness to the seizure list.

5. Learned APP for the State opposes the prayer for bail on the ground that petitioner has four criminal antecedents out of which two are of similar nature. However, the petitioner has been granted bail in two of the cases.

6. Taking into consideration the fact and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) 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 Bidupur P.S. Case No. 388 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S., subject to the further conditions: (i) The petitioner shall cooperate in the investigation/trial.

(ii) One of the bailors will be a family member/close

Patna High Court CR. MISC. No.35142 of 2025(3) dt.02-07-2025 3/3 relative.

(iii) The petitioner would cooperate in the investigation till investigation is concluded against him. (iv) The court below shall verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. (Soni Shrivastava, J) devendra/- U T