Patna High CourtCR. MISC./60953/2025bail granted

Patwari Rai @ Patwari Ray v. The State Of Bihar

2025-08-29Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60953 of 2025 Arising Out of PS. Case No.-467 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Patwari Rai @ Patwari Ray S/O Saryug Rai @ Saryu Rai Resident of VillageMohaddipur, P.S- Chiraiya, Distt.- East Champaran, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Prasad, Advocate For the Opposite Party/s :

Mrs.Renuka Ratnakar(App125) ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Chiraiya P.S. case No. 467 of 2023 instituted for the offences under Sections 272, 273 of Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 20 liters liquor was recovered from bamboo orchard.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.60953 of 2025(2) dt.29-08-2025 2/3 further submitted that the name of the petitioner has transpired on the basis of disclosure made by local chowkidar. The recovery is made from orchard, an open place accessible to one and all. The petitioner is in custody since 03.07.2025 and has got five criminal antecedents in which he is on bail in four cases. There is no compliance of Section 103 of B.N.S.S., 2023. Co-accused has been granted bail by this Bench vide order dated 02.04.2024 passed in Cr. Misc. No. 24316 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chiraiya P.S. case No. 467 of 2023 subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.60953 of 2025(2) dt.29-08-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Pankaj/- U T