Sanuj Kumar Ray @ Paras Ray @ Sanuj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64233 of 2025 Arising Out of PS. Case No.-459 Year-2025 Thana- BIDUPUR District- Vaishali ====================================================== Sanuj Kumar Ray @ Paras Ray @ Sanuj Kumar, S/O Nirbhay Ray, R/O Village - Hulashipul, Dharni Patti, P.S.- Mohanpur, District - Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Anand, Advocate Mr. Roop Kishan, Advocate For the Opposite Party/s :
Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Bidupur P.S. Case No. 459 of 2025 registered for the alleged offence under Section 30(a) of the Bihar Prohibition & Excise Act.
3. As per prosecution case, police received secret information about transportation of illicit liquor in a car. The said car was intercepted and recovery of 156.63 liters of Indian made foreign liquor was made. The co-accused driver was apprehended. The said petitioner is stated to be the owner of the said car.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.64233 of 2025(2) dt.24-09-2025 2/3 petitioner is innocent and has been falsely implicated in this case. The petitioner was not apprehended from the spot and nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner never indulged in the business of illicit liquor. There is violation of Section 103 of BNSS regarding search and seizure. The petitioner is the owner of the vehicle but he has no knowledge about the illicit liquor being carried in the car by his driver. The petitioner is in custody since 12.08.2025 and is having clean antecedent.
5. Learned APP for the State opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner was not apprehended from the spot and no recovery has been shown from him and further considering the period of custody of the petitioner and his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Vaishali at Hajipur/court concerned in connection with Bidupur P.S. Case No. 459 of 2025, subject to the conditions mentioned in Section 480(3) of
Patna High Court CR. MISC. No.64233 of 2025(2) dt.24-09-2025 3/3 BNSS and the following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) V.K.Pandey/- U T