Lakhindra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66685 of 2025 Arising Out of PS. Case No.-425 Year-2025 Thana- PAROO District- Muzaffarpur ====================================================== Lakhindra Rai Aged 31 Years S/O Manager Rai R/O Village- Bahdinpur, P.S.- Paroo, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar, Adv For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Paroo P.S Case No. 425 of 2025 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act.

3. As per allegation in the FIR, there is a recovery of 225 litres of illicit liquor from the Magic Vehicle bearing Registration No. BR06GC-9324.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner has nothing to do with the alleged liquor which was recovered. His name has been figured from the confessional statement of the co-accused namely Pramod Das. He further submits that petitioner is neither owner nor driver of

Patna High Court CR. MISC. No.66685 of 2025(2) dt.24-09-2025 2/2 the seized pick up van. He further submits that petitioner is in custody since 17.08.2025 having four antecedent of similar nature.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR and 26.08.2025, it appears that the alleged recovery was not made from the conscious possession of the petitioner nor the petitioner is the owner of the alleged Vehicle. Moreover, there is no independent witness to the seizure list. So, considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner 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 Judge Excise-II, Muzaffarpur in connection with Paroo P.S Case No. 425 of 2025 subject to the condition that petitioner shall remain present on each and every date fixed by the Trial Court. (Ramesh Chand Malviya, J) Sunnykr/- U