Binod Ray @ Binod Rai @ Vinod Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49494 of 2025 Arising Out of PS. Case No.-793 Year-2025 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Binod Ray @ Binod Rai @ Vinod Ray Son of Late Ramchandra Ray Resident of Village - Shekhpur Jiya Lal Chowk, Police Station - Ahiyapur, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Ahiyapur PS Case No. 793 of 2025 instituted for the offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 333 litres of foreign liquor was recovered from bathan of the petitioner. There are also recovery of CNG Tempo, two motorcycles and one scooty.

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 no concern with the alleged recovery of liquor. It is submitted

Patna High Court CR. MISC. No.49494 of 2025(2) dt.30-07-2025 2/2 that recovery is made from an open place, which is accessible to one and all. It is further submitted that seized vehicles do not belong to the petitioner. The petitioner is in custody since 10.06.2025 and has got two criminal antecedents. 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 Ahiyapur PS Case No. 793 of 2025.

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