Arun Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57910 of 2025 Arising Out of PS. Case No.-254 Year-2024 Thana- MAKER District- Saran ====================================================== Arun Kumar Rai S/o Late Jhulan Rai Village- Lauwan Kala, P.S.- Baniyapur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Alka Panday, Advocate Mr. Ajay Kumar Jain, Advocate Mr. Saharsh Shubham, Advocate Mr. Utkarsh Shandiliya, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 138.240 litres Indian made foreign liquor has been recovered from a swift car. One coaccused Sachin Kumar was apprehended on the spot and petitioner is alleged to have fled away from the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from conscious possession of the petitioner. The apprehended accused Sachin Kumar has

Patna High Court CR. MISC. No.57910 of 2025(2) dt.15-09-2025 2/2 disclosed the name of petitioner due to previous enmity. Petitioner has no concern either with the seized illicit liquor or the vehicle. There is no independent witness of the seizure list. Petitioner has one criminal antecedent of different nature and he undertakes to cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cum-Presiding Officer, Exclusive Special Judge, Excise Court No.3, Saran at Chapra in connection with Maker P.S. Case No.254 of 2024, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Harish/- U T