Ramesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46031 of 2025 Arising Out of PS. Case No.-68 Year-2025 Thana- KOILWAR District- Bhojpur ====================================================== Ramesh Rai S/o Navlakh Rai Resident of Village- Manachak, PS- Koilwar, Distt.- Bhojpur ... ... 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. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-08-2025 Heard Mr. Manoj Kumar, learned counsel for the petitioner and Mr. Arun Kumar Pandey, learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Koilwar P.S. Case No. 68 of 2025 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act and Section 25(1-b)a/26 of the Arms Act.
3. The case of the prosecution is that from the dalan of the petitioner, one country made rifle along with six live cartridges was recovered. It is also alleged that from dalan, 18 bottles of 75ml each containing Royal Stag Superior Whiskey was also recovered.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.46031 of 2025(2) dt.05-08-2025 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has further submitted that the recovery was made in the midnight from open place. He has also submitted that there has been altercation between him and police as they were asking regarding the persons who are dealing in liquor. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. From perusal of the seizure list also, it transpires that the seizure was made from the dalan. According to the FIR, the time of raid is 00:15 hours whereas the seizure list was made at 4:05 AM.
5. In contra, learned APP appearing for the State has vehemently opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Koilwar P.S. Case No. 68 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge II,
Patna High Court CR. MISC. No.46031 of 2025(2) dt.05-08-2025 3/3 Bhojpur at Ara subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) Shubham/- U T