Upendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35138 of 2025 Arising Out of PS. Case No.-214 Year-2024 Thana- NAANPUR District- Sitamarhi ====================================================== Upendra Rai S/o- Raj Kumar Rai Resident of Village - Mahisautha, P.S.- Nanpur, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Advocate Mr. Saurav Anand, Advocate For the Opposite Party/s :

Mr.Ram Sumiran Rai. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-06-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Nanpur P.S. Case no. 214 of 2024, registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on a raid being conducted, 8 litres of country liquor was recovered from the accused Raj Kumar Rai. It is further stated that on enquiry he disclosed that he and his son, the petitioner herein were involved in the sale of liquor.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating article has been recovered either from his

Patna High Court CR. MISC. No.35138 of 2025(2) dt.04-06-2025 2/2 possession or from the possession of his father as alleged in the FIR. The petitioner has no criminal antecedent and undertakes to cooperate in the investigation/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R, no incriminating article having been recovered from his possession and the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Nanpur P.S. Case no. 214 of 2024 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 Special Judge, Exclusive Excise Court-II, Sitamarhi.

(Partha Sarthy, J) Shiv/- U T