Krishna Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57795 of 2025 Arising Out of PS. Case No.-2 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Krishna Ray S/O Bilas Rai @ Shivmangal Ray, Resident of VillageSangardha, P.S- Chiraiya, Distt.- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Advocate.

For the Opposite Party/s :

Ms. Meena Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Chiraiya P.S. Case No.2 of 2023, registered for the offences punishable under Sections 414, 272, 273 of I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 30 litre country made liquor and a without number plate motorcycle near the field of Vilas Rai at Village Sapgadha.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case only on the basis of suspicion. He further submits that petitioner was not present on the spot at the time of alleged incident. Learned counsel submits that the name of petitioner

Patna High Court CR. MISC. No.57795 of 2025(2) dt.04-09-2025 2/2 has been disclosed by the apprehended co-accused person only to save the real culprits. He further submits that petitioner has no concern either with the seized motorcycle or with the seized liquor. Learned counsel submits that no incriminating article has been recovered from the conscious possession of petitioner. He further submits that petitioner is in custody since 25.05.2025 and he has one criminal antecedent, in which he is on bail. Learned counsel submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the investigation and trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, East Champaran, Motihari in connection with Chiraiya P.S. Case No.2 of 2023. (Sunil Dutta Mishra, J) Ritik/- U T