Kishor Rai @ Raj Kishor Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37553 of 2025 Arising Out of PS. Case No.-94 Year-2025 Thana- DORIGANJ District- Saran ====================================================== Kishor Rai @ Raj Kishor Rai S/O Pukar Rai R/O Village- Purvi Balua, P.SDoriganj, Dist.- Saran- 841216 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-06-2025 Heard Mr. Jeetendra Narayan, learned counsel appearing on behalf of the petitioner and Mr. Suresh Prasad Singh, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Doriganj P.S. Case No. 94 of 2025 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, total 80 liters of country-made liquor was recovered from mustard field of coaccused namely, Saroj Rai.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. The petitioner's name has transpired in the case on the basis of secret information. He further submits that the said liquor has been recovered from an open public place, which is accessible to everyone.

Patna High Court CR. MISC. No.37553 of 2025(2) dt.18-06-2025 2/2

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of Additional Sessions Judge-cum-Presiding Officer, Exclusive Special Excise Court No. 03, Saran at Chapra in connection with Doriganj P.S. Case No. 94 of 2025, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Sudhanshu/- U T