Ugan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65598 of 2025 Arising Out of PS. Case No.-137 Year-2022 Thana- TARAIYA District- Saran ====================================================== Ugan Rai Son of Mahanth Rai Village -Faridpura PS -Taraiya Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Narendra Kumar Mr. Akash Ambuj Ms. Anushka Kumari For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Taraiya P.S. Case No. 137 of 2022 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, informant got secret information that petitioner had kept illicit liquor in bush located some distance from his house at the bank of the river. Upon verification, 30.600 litre was recovered from the bush.

4. Learned counsel for the petitioner submits that name of the petitioner came to fore on the basis of secret information but the source of secret information has not been divulged in the FIR, which questions the authenticity of the prosecution story. The place

Patna High Court CR. MISC. No.65598 of 2025(2) dt.24-09-2025 2/2 of recovery is an open place which is accessible to all and petitioner cannot be held liable for the alleged recovery. Petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent. Nothing has been recovered from the conscious possession of the petitioner.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond 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 Taraiya P.S. Case No. 137 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Alok Kumar Pandey, J) vashudha/- U T