Gopal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64190 of 2025 Arising Out of PS. Case No.-480 Year-2024 Thana- RAXAUL District- East Champaran ====================================================== 1.

Gopal Rai S/o Late Ramdhari Rai Resident of Village- Siswa, P.S.- Raxual, Dist.- East Champaran 2.

Munna Rai S/o Gopal Rai Resident of Village- Siswa, P.S.- Raxual, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar Ii For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-10-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Raxaul P.S. Case No. 480 of 2024 dated 05.12.2024 registered for the offence/s punishable u/ss 109, 132, 61(2), 352, 351(2), 3(5) of the BNS and sections 30(a) and 45 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 648 litres of illicit Nepali country made liquor was recovered from the Scorpio.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.64190 of 2025(2) dt.09-10-2025 2/3 implicated in this case. Nothing has been recovered from the possession of the petitioners. As per para. 7 of the bail petition, the petitioners have no concern with the said vehicle. The other co-accused person has been granted regular bail by this court vide order dated 18.03.2025 passed in Cr. Misc. No. 9229/2025. The petitioner no. 1 has three criminal antecedents whereas the petitioner no. 2 has eight criminal antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 21.06.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Raxaul P.S. Case No. 480 of 2024, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.64190 of 2025(2) dt.09-10-2025 3/3 cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Atul/- U T