Bijay Rai @ Vijay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52796 of 2025 Arising Out of PS. Case No.-110 Year-2025 Thana- NAYAGAON District- Saran ====================================================== 1.

Bijay Rai @ Vijay Rai S/O Mahesh Rai Resident of Village- Bariyarchak, Police Station- Nayagaon, Distt.- Saran.

2.

Akhilesh Rai S/O Mahesh Rai R/O Village- Bariyarchak, P.S- Nayagaon, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Nayagaon P.S. Case No. 110 of 2025 dated 23.06.2025 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 80 litres of illicit country made liquor was recovered from the bank of river and 1600 litres of raw materials was also destroyed on the spot.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. It is further submitted that the

Patna High Court CR. MISC. No.52796 of 2025(2) dt.05-08-2025 2/2 petitioners have no concern with the alleged recovery rather the recovery has been made from an open place which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioners. The petitioner no. 1 has three criminal antecedents in which he is on bail whereas the petitioner no. 2 has clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 24.06.2025.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Nayagaon P.S. Case No. 110 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T