Sudarshan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34537 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- DESARI District- Vaishali ====================================================== Sudarshan Rai, S/o Jayprakash Ray, resident of Village- Rampur Khairi, P.SSahdei, Distt-Vaishali ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Prasad Sinha, Advocate For the Opposite Party/s :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and apprehending their arrest in connection with Desari (Sahdei) P.S. Case No.69 of 2025 registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 15.210 liters of IMFL/country-made liquor.
4. It is submitted by learned counsel for the petitioner that one of the reason for implication of petitioner in present case as he found involved in five more criminal cases of similar nature, where he is on bail. It is submitted
Patna High Court CR. MISC. No.34537 of 2025(2) dt.20-05-2025 2/3 that if the merit of the case appears in balance of accused/petitioner merely on the score of criminal antecedents, the bail prayer of the accused/petitioner ordinarily should not be denied. In support of his submission, learned counsel has relied upon the legal report of Hon'ble Supreme Court as available through Prabhakar Tewari vs. State of U.P. & Ors. [(2020) 11 SCC 648]. Recovery of illicit liquor appears to be made from joint house without compliance of Section 103(4) of the BNSS, creating a doubt qua entire search and seizure.
5. Learned APP opposed the prayer of anticipatory bail to the petitioner.
6. In view of aforesaid factual submissions and by taking of note of fact as recovery of illicit liquor prima facie not appears to be made from conscious physical possession of this petitioner, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.34537 of 2025(2) dt.20-05-2025 3/3 satisfaction of the learned Exclusive Special Excise Court No.- 1-cum-Additional District and Sessions Judge, Vaishali at Hajipur in connection with Desari (Sahdei) P.S. Case No.69 of 2025, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS with further condition:- (i) That petitioner shall not indulge in similar nature of cases 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.) Sanjeet/- U T