Upendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68998 of 2025 Arising Out of PS. Case No.-144 Year-2025 Thana- KAMTAUL District- Darbhanga ====================================================== 1.

Upendra Ray, aged about 57 years, Male, S/o- Late Jagdeesh Ray @ Ram Lakhal Ray Resident of Village- Ahiyarigot, PS- Kamtaul, DistrictDarbhanga 2.

Ajeet Kumar @ Ajeet Kumar Thakur, aged about 36 years, male, S/o- Suraj Narayan Thakur Resident of Village- Chanvatol, PS- Kamtaul, DistrictDarbhanga 3.

Sunil Sharma, aged about 35 years, male, S/o- Devendra Sharma @ Deo Narayan Sharma Resident of Village- Chanvatol, PS- Kamtaul, DistrictDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pranav Kumar Jha, Advocate For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-10-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners apprehend arrest in connection with Kamtaul PS. Case No.144 of 2025 dated 13-07-2025, instituted under Sections 125(b), 281, 324(2) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act. 3.The allegation is of recovery of 750 ML of foreign liquor from a car bearing Registration No. SK08P-7799. 4.Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in

Patna High Court CR. MISC. No.68998 of 2025(2) dt.08-10-2025 2/2 the present case. It is further submitted that the petitioners were not arrested at the spot and they have been made accused merely on the basis of suspicion. The said seized vehicle from which the illicit liquor was seized does not belong to the petitioners. Lastly, it is submitted that the petitioners have 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 petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge 1st (Excise Act), Darbhanga / successor Court Darbhanga, in Kamtaul PS. Case No.144 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 T