Nokha Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48552 of 2025 Arising Out of PS. Case No.-70 Year-2025 Thana- GANGABRIDGE District- Vaishali ====================================================== Nokha Ray Son of Ranjan Ray @ Raj Narayan Ray @ Rajan Ray villTerasiya Diyara, P.S.- Gangabridge, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Ganga Bridge PS Case No. 70 of 2025 instituted for the offences under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 50 litres of country made liquor was recovered from two motorcycles and 10,000 litres semi fermented liquor was destroyed at the spot.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.48552 of 2025(2) dt.29-07-2025 2/2 no concern with the alleged recovery of liquor. It is submitted that motorcycles in question do not belong to the petitioner. The petitioner is in custody since 19.05.2025 and has got one criminal antecedent in which he is on bail. 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 petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner 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 Ganga Bridge PS Case No. 70 of 2025.

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