Beli Ray @ Randhir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49221 of 2025 Arising Out of PS. Case No.-114 Year-2025 Thana- MADHAURAH District- Saran ====================================================== Beli Ray @ Randhir Kumar S/O Krishna Ray @ Krishna Kumar Ray R/o Village- Dharmauli, PS- Marhowrah, District- Saran, Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nawnit Kumar Tiwary, Advocate For the Opposite Party/s :
Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends arrest in connection with Marhowrah P.S. Case No. 114 of 2025, registered under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that, 240 liters liquor was recovered from the bush behind poultry farm of coaccused person.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also
Patna High Court CR. MISC. No.49221 of 2025(3) dt.18-07-2025 2/3 submits that alleged recovery has been made from an open place and the same is easily accessible to the public at large. The petitioner is not the owner of the poultry farm and the petitioner was not present at the place of occurrence. It is next submitted that name of the petitioner has transpired in this case on the basis of disclosure made by local chowkidar. The petitioner has got one criminal antecedent in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted anticipatory bail by this Court vide order dated 25.06.2025 passed in Cr. Misc. No. 35875 of 2025. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Marhowrah P.S. Case No. 114 of 2025, subject to the conditions as laid down
Patna High Court CR. MISC. No.49221 of 2025(3) dt.18-07-2025 3/3 under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Rudra Prakash Mishra, J) Rajorshi/- U T