Suraj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42025 of 2025 Arising Out of PS. Case No.-54 Year-2025 Thana- Naya Bhojpur District- Buxar ====================================================== 1.

Suraj Rai Son of Madhav Rai Resident of Village - Keshopur Lala Ke Tola, P.S.- Barhara, District - Bhojpur.

2.

Prakash Kumar Son of Shiv Lakhan Ram Resident of Village - Chitrashanpur, P.S.- Bhojpur (M), District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Naya Bhojpur PS Case No. 54 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 266.76 litres of foreign liquor was recovered from Car bearing Registration No. (UP30AC1818).

4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have

Patna High Court CR. MISC. No.42025 of 2025(2) dt.07-07-2025 2/2 got no concern with the alleged recovery of liquor. It is submitted that petitioner no. 1 is the driver and petitioner no. 2 is sitting as a passenger in the vehicle and they have no knowledge regarding the nature of goods kept in the vehicle. The petitioners are in custody since 11.05.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioners and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Naya Bhojpur PS Case No. 54 of 2025.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T