Mishri Rai @ Ray Mishree v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47084 of 2025 Arising Out of PS. Case No.-330 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== Mishri Rai @ Ray Mishree S/o Late Faguni Rai R/o Village- Daudnagar, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Sinha For the Opposite Party/s :

Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 04-08-2025 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in connection with Bidupur P.S Case No. 330 of 2022, for the offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution story, total 100 litres of illicit liquor has been recovered from a diyara area in front of the house of Kangali Rai.

4. Learned counsel for the petitioner submit that petitioner has falsely been implicated in this case. Neither the petitioner was apprehended on the spot nor any incriminating material has been recovered from the conscious possession of this petitioner. Petitioner has no concern with the alleged recovery. Similarly situated co-accused, namely, Ranjeet Rai has

Patna High Court CR. MISC. No.47084 of 2025(2) dt.04-08-2025 2/2 already been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 16.11.2022 passed in Cr. Misc. No. 60171 of 2022.

5. Learned Additional Public Prosecutor for the State opposes the prayer for anticipatory bail.

6. Keeping in view the aforesaid facts and also considering clean antecedent of the petitioner, let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Court-1-cum Additional District & Sessions Judge, Vaishali at Hazipur in connection with Bidupur P.S Case No. 330 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J) Ranjeet/- U T