Arun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41553 of 2025 Arising Out of PS. Case No.-136 Year-2025 Thana- DESARI District- Vaishali ====================================================== Arun Rai, Son of Late Gaya Rai, R/V -Bajitpur Chaksuri , PS- Desari (Sahdeai), Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Desri(Sahdei) P.S. Case No. 136 of 2025 dated 26.04.2025 instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition & Excise Act, 2018.

3. The allegation of recovery of 16.920 litres foreign liquor from the poultry farm of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that at the time of occurrence, the poultry farm of the petitioner was being operated by another person and not by the petitioner. The petitioner had no knowledge about the said illicit liquor kept in the poultry farm. The said farm

Patna High Court CR. MISC. No.41553 of 2025(2) dt.09-07-2025 2/2 is situated in open field. The petitioner has no concern with the recovered liquor. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Desari(Sahdeai) P.S. Case No. 136 of 2025, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge -cum- Spl. Excise Court No. 1, Vaishali at Hajipur subject to condition as laid down under Section 482(2) of the B.N.S.S.

(Khatim Reza, J) premchand/- U T