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Patna High CourtCR. MISC./55305/2025bail granted

Sunil Ray @ Jatti v. The State Of Bihar

2025-08-08Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55305 of 2025 Arising Out of PS. Case No.-156 Year-2025 Thana- GAURICHAK District- Patna ====================================================== Sunil Ray @ Jatti S/o Late Akhilesh Ray R/o Village - Bhagwanpur(Dewarsaukhi), P.S. - Gaurichak(Panchrukhiya), Dist. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Special Case NO. 828 of 2025 arising out of Gaurichak P.S. Case No. 156 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 480 litres of liquor and gas cyliners were recovered from bank of the river.

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 an open place which is accessible to public at large. The

Patna High Court CR. MISC. No.55305 of 2025(2) dt.08-08-2025 2/2 petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 21.06.2025 and has two criminal antecedents. 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 Special Case NO. 828 of 2025 arising out of Gaurichak P.S. Case No. 156 of 2025. (Rudra Prakash Mishra, J) Alok Verma/- U T