Upendra Ray @ Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58570 of 2025 Arising Out of PS. Case No.-105 Year-2025 Thana- RAGHOPUR District- Vaishali ====================================================== Upendra Ray @ Upendra Kumar S/O Jhanjhu Ray @ Nasib Lal Resident of Village- Jafrabad Tok, P.S- Rustampur, District- Vaishali, Temporary AddressMohalla- Bundel Toli, P.O- Mahadev Mills, Simli Murarpur, P.S- Didarganj, Patna City, Dist.- Patna (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Sudha, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Raghopur (Rustampur) P.S. Case No. 105 of 2025, instituted under Sections 274 and 275 of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.

3. On getting secret information, police party reached near bank of Ganga river and recovered 55 litre country made liquor. It is alleged that petitioner fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He was not present on the spot. No incriminating material has been recovered from his possession. He has no concern with

Patna High Court CR. MISC. No.58570 of 2025(2) dt.22-09-2025 2/2 the seized liquor. Petitioner has no criminal antecedent. He undertakes to co-operate in the investigation and trial.

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

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, above-named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. II cum- Additional District and Sessions Judge, Vaishali at Hajipur in connection with Raghopur (Rustampur) P.S. Case No. 105 of 2025, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J.) rakhi/- U T