Patna High CourtCR. MISC./46141/2025bail granted

Santosh Rai @ Plastic Rai v. The State Of Bihar

2025-07-17Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46141 of 2025 Arising Out of PS. Case No.-396 Year-2025 Thana- SONEPUR District- Saran ====================================================== Santosh Rai @ Plastic Rai S/o Late Bindeshwar Rai Resident of VillSabalpur, Chaharam, P.S.- Sonepur, Distt- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Mishra, Adv.

For the Opposite Party/s :

Mr. N.N. Tiwari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-07-2025 Heard learned counsel for the petitioner and Mr. N.N. Tiwari, learned APP for the State.

2. The petitioner seeks bail in connection with Sonepur P.S. Case No. 396 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 9 liters of illicit country-made liquor from the motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of suspicion. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with

Patna High Court CR. MISC. No.46141 of 2025(2) dt.17-07-2025 2/2 the seized liquor. The petitioner has never indulged either in manufacturing or trading of the illicit liquor. There is a noncompliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has one criminal antecedent and is languishing in judicial custody since 30.05.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Sonepur P.S. Case No. 396 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T