Jaipal Ray @ Raju Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34194 of 2025 Arising Out of PS. Case No.-2182 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Jaipal Ray @ Raju Ray S/o Raj Kumar Ray R/o Chakiya Kotwapatti, P.S.- Doriganj, Dist.- Saran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ram Jiban Pd Singh, Advocate For the Opposite Party/s :

Mrs.Gulnar Begum,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, not named in the F.I.R., is apprehending his arrest in connection with Patna Excise P.S. Case no. 2182 of 2024 registered for the offences punishable under Sections 30(a) & 56(b) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to have in possession of 4 litres of illicit liquor and engaged in illegal trading/manufacturing of illicit liquor.

4. Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from the Boat which is accessible by general public and therefore, it can be safely said that recovery of illicit liquor was not made from conscious physical possession of this petitioner, who claims to be a man of

Patna High Court CR. MISC. No.34194 of 2025(2) dt.20-05-2025 2/2 clean antecedent. It is submitted that petitioner implicated in this case only for the reason that he is the owner of the Boat.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. In view of the aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima-facie not appears to be made from conscious physical possession of this petitioner, who is a man of clean antecedent, accordingly, abovenamed petitioner, in the event of his arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise - 3rd, Patna in connection with Patna Excise P.S. Case no. 2182 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S."). (Chandra Shekhar Jha, J) Rajeev/- U T