Nathu Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34787 of 2025 Arising Out of PS. Case No.-147 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== Nathu Ray S/o Late Basudev Ray Resident of village -Mokhlishpur(Mokhalishpur), P.S.- Banjariya, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :
Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-06-2025
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Banjariya P.S. Case no.147 of 2025 registered under sections 274 and 275 of the Bharatiya Nyaya Sanhita and under sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, 15 litres of country liquor is said to have been recovered from the hutment of the petitioner.
4. Learned counsel for the petitioner submits that no incriminating article has been recovered either from the petitioner's possession or from his hutment as alleged in the FIR. He has been falsely implicated in the case. He is in custody since 24.3.2025 and has no criminal antecedent.
Patna High Court CR. MISC. No.34787 of 2025(2) dt.10-06-2025 2/2
5. The application for bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR together with the petitioner being in custody since 24.3.2025 and not having any antecedent under the Bihar Prohibition and Excise Act, 2016, the Court directs the petitioner to be enlarged on bail in connection with Banjariya P.S. Case no.147 of 2025 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 Exclusive Special Excise Court no.1, East Champaran at Motihari.
(Partha Sarthy, J) Saurabh/- U T