Sudama Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50821 of 2025 Arising Out of PS. Case No.-442 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== Sudama Rai S/O Sri Narayan Rai @ Shrinarayan Ray R/O Vill - Semra, P.S.- Chiraiya, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Chiraiya PS Case No. 442 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 10 litres of country made liquor was recovered from Brewery Centre and 200 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

Patna High Court CR. MISC. No.50821 of 2025(2) dt.31-07-2025 2/3 recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that recovery is made from an open place, which is accessible to one and all. It is further submitted that local chowkidar disclosed the name of the petitioner. The petitioner is in custody since 27.05.2025 and has got four criminal antecedents 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, after framing of charge if not already framed 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 Chiraiya PS Case No. 442 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.50821 of 2025(2) dt.31-07-2025 3/3 the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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