Vipul Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51570 of 2025 Arising Out of PS. Case No.-218 Year-2024 Thana- YADOPUR District- Gopalganj ====================================================== Vipul Rai S/o- Manager Rai Village- Sihorwa, P.S. - Jadopur, DistrictGopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Jadopur P.S. Case No. 218 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act and Section 25(1-b)(a)26(1), 35 of the Arms Act.

3. The prosecution case, in short, is that total 221 litres of country made liquor, one country made pistol and one live cartridge was recovered from Boat.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner transpired in this case on the basis of confessional statement of apprehended co-

Patna High Court CR. MISC. No.51570 of 2025(2) dt.25-07-2025 2/3 accused person, namely, Golu Kumar. Learned counsel for the petitioner further submitted that recovery is made from the boat from the Gandak River from which the petitioner has no concern. Learned counsel for the petitioner, therefore, contends that prima-facie no case is made out against the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner has two criminal antecedents in which he is on bail. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Other Co-accused has been granted regular bail by this Court vide order dated 04.0.3.2025 passed in Cr. Misc. No. 13796 of 2025.

5. Learned APP 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, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory 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

Patna High Court CR. MISC. No.51570 of 2025(2) dt.25-07-2025 3/3 connection with Jadopur P.S. Case No. 218 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

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