Vijay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58336 of 2025 Arising Out of PS. Case No.-122 Year-2025 Thana- ISUAPUR District- Saran ====================================================== Vijay Rai S/o Shivnath Rai, R/o Village- Chakiya, P.S.- Taraiya, DistrictSaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar Thakur, Advocate.

For the Opposite Party/s :

Ms. Sucheta Yadav, 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 Isuapur P.S. Case No.122 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 623.88 litre illicit foreign liquor from two vehicle which is Scorpio bearing Registration No. BR-21P-2894 and Hero Splendor motorcycle bearing Registration No. DL-9SCH-1029 and co-accused Arjun Kumar was apprehended on the spot who disclosed that petitioner and other co-accused persons are doing the business of illicit liquor.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of disclosure made by the apprehended coaccused. He further submits that the petitioner is neither driver nor

Patna High Court CR. MISC. No.58336 of 2025(2) dt.22-09-2025 2/2 owner of any of the vehicle in question and due to ulterior motive, his name has been implicated in this case. Learned counsel submits that petitioner was not present on the spot and no incriminating article has been recovered from his conscious possession. He further submits that petitioner has no concern with the alleged seized liquor. Learned counsel submits that petitioner has clean antecedent and he undertakes to cooperate in the investigation and trial.

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

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.3, Saran at Chapra in connection with Isuapur P.S. Case No.122 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T