Patna High CourtCR. MISC./45594/2025bail rejected

Sujay Rai v. The State Of Bihar

2025-08-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45594 of 2025 Arising Out of PS. Case No.-894 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Sujay Rai S/o Ambrika Rai @ Ambika Ray R/o Village- Maharani Bairiya, P.S.- Kotwa, District- East Champaran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Asha Devi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-08-2025 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 Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act.

3. As per prosecution case, 20 litres of illicit country made liquor and 70 litres of spirit were recovered from the hut of this petitioner.

4. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of this petitioner and he is in no way connected with the aforesaid recovery. Petitioner

Patna High Court CR. MISC. No.45594 of 2025(2) dt.06-08-2025 2/2 claims clean antecedents.

5. On the other hand, learned APP appearing for the State submits that petitioner is not entitled to the privilege of anticipatory bail in view of decision of the Full Bench of this Hon'ble Court rendered in the case of Ram Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.).

6. Considering the nature of accusation and aforesaid decision of this Court, the prayer for grant of anticipatory bail to this petitioner is rejected.

(Prabhat Kumar Singh, J) Neha/- U T