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Patna High CourtCR. MISC./40434/2025bail granted

Ravindra Rai @ Ravindra Ray @ Rabindra Rai v. The State Of Bihar

2025-09-10Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40434 of 2025 Arising Out of PS. Case No.-51 Year-2025 Thana- TAJPUR District- Samastipur ====================================================== 1.

Ravindra Rai @ Ravindra Ray @ Rabindra Rai S/O Late Saryug Rai @ Late Saryug Ray Resident of Village- Morwa Gadh @ Morwa Gardh , Kurmi Tole, Ward No.05, P.S.-Tajpur, District- Samastipur. 2.

Suresh Kumar @ Suresh Kumar Rai S/O Sagar Rai @ Sagar Ray @ Sagar Ri Resident of Village- Morwa Gadh @ Morwa Gardh , Kurmi Tole, Ward No.05, P.S.-Tajpur, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushil Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioners and learned APP for the State. Perused the case diary.

2. The petitioners apprehend their arrest in connection with Tajpur P.S. Case No. 51 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 1002.96 litres of liquor has been recovered from asbestos structure.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present

Patna High Court CR. MISC. No.40434 of 2025(3) dt.10-09-2025 2/3 case merely on the basis of suspicion. No incriminating article has been recovered from the conscious possession of the petitioners rather the recovery has been made from the joint family property of the petitioner no.1 which was abandoned after cutting the wheat crops. The petitioner no.2 also belongs to the tola of the petitioner no.1 but, has no concern with the alleged place of recovery. The petitioner no.1 has no criminal antecedent whereas petitioner no.2 has one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. He further submits that the co-accused Navin Kumar has already been granted bail by this Court vide order dated 19.06.2025 passed in Cr. Misc. No. 38581 of 2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest/surrender before the lower court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/-(Fifteen

Patna High Court CR. MISC. No.40434 of 2025(3) dt.10-09-2025 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Tajpur P.S. Case No. 51 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S. (Rudra Prakash Mishra, J) rishi/- U T