Lal Babu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66566 of 2025 Arising Out of PS. Case No.-89 Year-2025 Thana- SHIKARGANJ District- East Champaran ====================================================== Lal Babu Rai, Gender Male, aged about 42 years, S/o Late Yogendra Ray R/o Village- Bellaghat, P.S.- Shikarganj, District- East Champaran, Bihar- 845418 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mohd Rustam Hussain, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Shikarganj P.S. Case No. 89 of 2025 dated 28-03-2025 , instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act 2022.
3. The allegation is of recovery of 80 litres of country made liquor from possession of co -accused Subhash Sahani who disclosed the name of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that the petitioner was not arrested at the spot and he has been made an accused in this case merely on the basis of the disclosure made by the apprehended
Patna High Court CR. MISC. No.66566 of 2025(2) dt.24-09-2025 2/2 co-accused, namely Subhash Sahani. The petitioner has no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court No. 3, East Champara, Motihari, in Shikarganj P.S. Case No. 89 of 2025 , subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U