Patna High CourtCR. MISC./61006/2025allowed

Sanjay Rai v. The State Of Bihar

2025-09-24Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61006 of 2025 Arising Out of PS. Case No.-165 Year-2025 Thana- Excise P.S. District- Saran ====================================================== SANJAY RAI, S/o- Shankar Rai, R/o- Zilkabad Mathia, P.S.- Garkha, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Sadar Excise P.S. Case No. 165 of 2025 for the offence registered under Sections 30 (a) and 32 (3) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, total 14 litres of illicit country made liquor recovered from a motorcycle bearing Registration No. BR06CU5799 in possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to local politics. He has no concern with the seized liquor or motorcycle. Nothing has been recovered from the conscious possession of the petitioner. He further submits that

Patna High Court CR. MISC. No.61006 of 2025(2) dt.24-09-2025 2/2 the petitioner was neither the driver nor the owner of the seized motorcycle. He was a mere passerby. Petitioner is in jail custody since 23.07.2025, having clean antecedent. Petitioner undertakes to cooperate in the trial of the case.

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 and 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 Exclusive Special Excise Court No. 3, Saran at Chapra, in connection with Sadar Excise P.S. Case No. 165 of 2025.

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