Lobhit Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66361 of 2025 Arising Out of PS. Case No.-146 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur ====================================================== Lobhit Ray S/o Late Chhatu Ray, R/o Vill.- Mothahan Fakirana, P.S.- (Old), Minapur New (P.S.)- Rampur Hari, Dist.- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Ms. Nitu Kumari, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-09-2025 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Rampur Hari P.S. Case No. 146 of 2025, dated 01.08.2025, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 167.250 litres of illicit foreign liquor was recovered from the bamboo orchard of Surat Ray.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner and petitioner has no concern either with the alleged recovery or with the bamboo orchard in

Patna High Court CR. MISC. No.66361 of 2025(2) dt.24-09-2025 2/3 question. Name of petitioner surfaced in the present case on the basis of disclosure made by local villagers, which is without any basis and independent witnesses have have not supported the case of the prosecution. He lastly submits that petitioner carries on criminal antecedent of similar nature in which petitioner is on bail.

5. Petitioner agrees to deposit a sum of Rs. 5,000/- to the Advocate's Association, Patna High Court, Patna, without accepting guilt.

6. Learned Additional Public Prosecutor for the State has opposed the prayer for bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case and the fact that nothing has been recovered from the conscious possession of the petitioner and petitioner has no concern with the bamboo orchard in question, let the petitioner, above-named, be released on anticipatory bail, in the event of his arrest or surrender before the learned trial Court within a period of six weeks from the date of receipt / production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-II, Muzaffarpur, in connection with

Patna High Court CR. MISC. No.66361 of 2025(2) dt.24-09-2025 3/3 Rampur Hari P.S. Case No. 146 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S.

(Ajit Kumar, J) Shahnawaz/- U T