Rambabu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42303 of 2025 Arising Out of PS. Case No.-55 Year-2025 Thana- LADANIA District- Madhubani ====================================================== Rambabu Ray S/o Ramchandra Ray Resident of Ward No. 11, Rasidpur, PSKhajauli, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-07-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Ladaniya P.S. Case No. 55/2025 corresponding to G.R. No. 225/2025 registered on 21.02.2025 for the offences punishable under Sections 274, 275/3(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per prosecution, total recovery of 90 liters of illicit liquor, loaded on a motorcycle, is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is submitted that nothing has been recovered from the possession of the petitioner, nor does he have any connection with the

Patna High Court CR. MISC. No.42303 of 2025(2) dt.09-07-2025 2/2 alleged illicit liquor. His name has been implicated in the present case solely on the ground that he is the registered owner of the vehicle in question. It is further submitted that the petitioner had given his motorcycle to a co-accused, who misused it for illegal purposes without the petitioner's knowledge. The petitioner has a clean criminal antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the antecedent of the petitioner is clean.

6. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the Exclusive Special Judge, Excise(Excise Court), Madhubani, in connection with Ladaniya P.S. Case No. 55/2025 corresponding to G.R. No. 225/2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Dr. Anshuman, J) Ashwini/- U T