Prem Rai @ Raju v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56820 of 2025 Arising Out of PS. Case No.-107 Year-2025 Thana- Pachpakdi District- East Champaran ====================================================== Prem Rai @ Raju Son of Shivshankar Rai Resident of Village- Nayagawn Mahuwa Ward No. 11, PS- Piprahi, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Jagdhar Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, during course of patrolling, this petitioner was apprehended with motorcycle bearing Reg. No. BR06-BX-3064 and on search, 38.400 litres of illicit liquor recovered from the said motorcycle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Further submission is that petitioner is not the owner of the said motorcycle and he has no concern with the seized illicit liquor. No incriminating article has been recovered from the conscious possession of the petitioner as he was apprehended on
Patna High Court CR. MISC. No.56820 of 2025(2) dt.21-08-2025 2/2 suspicion when he was crossing road. The petitioner was not riding the seized motorcycle. It is submitted that petitioner has clean antecedent and he is in custody since 01.07.2025. There is no chance of absconding of the petitioner or tampering with the evidence. Petitioner 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 and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bond 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, Motihari, East Champaran in connection with Pachpakri P.S. Case No.107 of 2025. (Sunil Dutta Mishra, J) utkarsh/- U T