Subhash Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42461 of 2025 Arising Out of PS. Case No.-237 Year-2024 Thana- TARAIYA District- Saran ====================================================== Subhash Ray S/o Bhageran Rai R/o Village- Sarai Muzaffar, P.S.- Parsa, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Pandey, A.P.P ====================================================== 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 Taraiya P.S. Case No. 237 of 2024 lodged on 10.06.2024, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution, total recovery of 188.88 litres of country made liquor has been made which 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. Counsel submits that nothing has been recovered from the conscious possession of the petitioner and the alleged recovery was made from a car and motorcycle which was duly seized. Counsel submits that petitioner was working as a liner in this case and he was coming from the house of his relatives and only on

Patna High Court CR. MISC. No.42461 of 2025(2) dt.09-07-2025 2/2 suspicion, his name has figured in this case. Counsel further submits that the petitioner has no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioner but submits that from the record, it transpires that the petitioner has no criminal antecedent and only allegation is that he has worked as a liner.

6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of 3rd Exclusive Special Excise Judge, Saran at Chapra, in connection with Taraiya P.S. Case No. 237 of 2024, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.

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