Umesh Ray @ Umesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58663 of 2025 Arising Out of PS. Case No.-252 Year-2025 Thana- DARIYAPUR District- Saran ====================================================== Umesh Ray @ Umesh Rai S/o Ramlal Ray, R/o Village - Sikandra, P.S - Dariyapur, District - Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shakti Suman Kumar, Advocate.

For the Opposite Party/s :

Mr. Rajesh Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Dariyapur P.S. Case No.252 of 2025, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 50 litre country made liquor from the bush situated behind the house of the petitioner.

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 secret information. He further submits that the alleged recovery of liquor has been made from the bush situated behind the house of petitioner, which is an open place and accessible to public at large and only on the basis of suspicion he has been implicated in this case. Learned counsel

Patna High Court CR. MISC. No.58663 of 2025(2) dt.10-09-2025 2/2 submits that petitioner has no concern with the alleged seized liquor. He further submits that no incriminating article has been recovered from the conscious possession of petitioner and there is no independent witness to the seizure list. Learned counsel submits that petitioner is in custody since 10.05.2025, having two criminal antecedents, out of which one case belongs to Excise Act and charge sheet had already been submitted in this case after completion of investigation. He further submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the 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, submissions of learned counsel for the parties and the period of custody, 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 01st Exclusive Special Excise Court, Saran at Chapra in connection with Dariyapur P.S. Case No.252 of 2025. (Sunil Dutta Mishra, J) Ritik/- U T