Santosh Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43900 of 2025 Arising Out of PS. Case No.-732 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== Santosh Kumar Rai Son of Shankar Rai Resident Of Village-Gopinathpur Dokara P.s -Saraiya District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Saraiya P.S. Case No. 732 of 2021, dated 31.10.2021, lodged under Sections 272 & 273 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.
3. As per the prosecution, total recovery of 21 litres of illicit 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. He further submits that the criminal antecedent of the petitioner is clean. Counsel further submits that the petitioner is not named in the
Patna High Court CR. MISC. No.43900 of 2025(2) dt.16-07-2025 2/2 FIR and his name has figured in this case during the course of investigation. Counsel further submits that nothing has been recovered from the possession of the petitioner. Counsel also submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
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 BNSS, 2023 to the satisfaction of Exclusive Special Judge, Excise Court No. 11, Muzaffarpur, in connection with Saraiya P.S. Case No. 732 of 2021, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.) Aman Kumar/- U T