Awadhesh Kumar Rai @ Avdhesh Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52529 of 2025 Arising Out of PS. Case No.-183 Year-2025 Thana- Excise P.S. District- Samastipur ====================================================== Awadhesh Kumar Rai @ Avdhesh Ray S/o Tejnarayan Rai R/o - Ward no. 3, Sarairanjan, P.S-Sarairanjan, District- Samastipur, Bihar-848127 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Keshav Bhardwaj, Advocate :
Mr. Yash Sahay, Advocate For the Opposite Party/s :
Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Samastipur Sadar Excise P.S. Case No. 183 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 215 litres of liquor has been recovered from cattle shed.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from a cattle shed which is accessible to public at large. The
Patna High Court CR. MISC. No.52529 of 2025(2) dt.07-08-2025 2/2 petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 09.07.2025 and has one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP 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. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Samastipur Sadar Excise P.S. Case No. 183 of 2025 .
(Rudra Prakash Mishra, J) Alok Verma/- U T