Sanjay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50208 of 2025 Arising Out of PS. Case No.-137 Year-2025 Thana- DORIGANJ District- Saran ====================================================== 1.

Sanjay Rai S/o Bachchu Rai R/o Village- Purbi Balua, Kansdiyar, P.S.- Doringanj, District- Saran at Chapra 2.

Puna Kumar S/o Bajrangi Rai R/o Village- Purbi Balua, Kansdiyar, P.S.- Doringanj, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Alok Kumar Alok, Advocate For the State :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-07-2025 Heard learned counsel appearing on behalf of the petitioners and learned A.P.P. appearing on behalf of the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 50 litres illicit country made liquor was recovered from behind the Panchayat Bhawan.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. No incriminating article has been recovered from conscious possession of these petitioners and they have falsely been implicated in this case merely on the basis of disclosure made by local people. The alleged illicit

Patna High Court CR. MISC. No.50208 of 2025(2) dt.29-07-2025 2/2 liquor has been recovered from an open place, which is accessible to one and all. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the nature of accusation, fact that no incriminating article has been recovered from conscious possession of these petitioners and clean antecedents, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 3, Saran at Chapra in connection with Doriganj P.S. Case No. 137 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T