Nandu Rai @ Nand Jee Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41153 of 2025 Arising Out of PS. Case No.-86 Year-2025 Thana- BARHARA District- Bhojpur ====================================================== Nandu Rai @ Nand Jee Ray S/o Dharm Dev Ray R/o Village- Paiga, P.S.- Barhara, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akash Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Suman Kumari Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
3. As per prosecution case, 750 ml foreign liquor was recovered from a car.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner has falsely been implicated in this case merely because he happens to be owner of the vehicle in question. Nothing has been recovered from the conscious possession of this petitioner. As a matter of fact without his knowledge and consent, the driver was transporting the illicit liquor in the car. Petitioner claims clean antecedents.
Patna High Court CR. MISC. No.41153 of 2025(2) dt.02-07-2025 2/2
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the quantity of recovery, clean antecedent and the fact that no incriminating article has been recovered from conscious possession of this petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court No. I, Bhojpur, Ara in connection with Barhara P.S. Case No. 86 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) Neha/- U T