Manjay Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52266 of 2025 Arising Out of PS. Case No.-81 Year-2022 Thana- DARIYAPUR District- Saran ====================================================== Manjay Ray, S/o Jainath Ray, R/o Village-Parasawana, P.S.- Parsa, DistrictSaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Dariyapur P.S. Case No.81 of 2022 registered under Sections 30, 30(a) and 33 of the Bihar Prohibition and Excise Act, 2016.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 100 liters of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing for the petitioner that name of petitioner transpired on the basis of disclosure made by apprehended co-accused persons,

Patna High Court CR. MISC. No.52266 of 2025(2) dt.08-08-2025 2/3 where they disclosed that they were regularly purchasing illicit liquor from this petitioner. It is submitted that save and except disclosure, nothing incriminating appears against the petitioner. Admittedly, recovery is not made from conscious physical possession of this petitioner and moreover the petitioner found involved in one more criminal case, where he is on bail.

5. Learned APP opposed the prayer for anticipatory bail to the petitioner.

6. In view of aforesaid factual submissions and by taking note of fact as admittedly recovery of illicit liquor not appears to be made from the conscious physical possession of this petitioner, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Exclusive Special Judge Excise, Saran, Chapra in connection with Dariyapur P.S. Case No.81 of 2022, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.52266 of 2025(2) dt.08-08-2025 3/3 438(2) of the CrPC/under Section 482(2) of the BNSS. Sanjeet/- (Chandra Shekhar Jha, J.) U T