Bijendra Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71701 of 2025 Arising Out of PS. Case No.-104 Year-2025 Thana- BHELDI District- Saran ====================================================== Bijendra Ray S/o Raghuvir Ray R/o Village- Bheldi, P.S.- Bheldi, DistrictSaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kumar Tiwary For the Opposite Party/s :
Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Bheldi P.S. Case No. 104/2025 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition of Excise Act.
3. As per prosecution case, there is alleged recovery of 80 liters country made liquor from one Scooty bearing Registration No. BR04AU-6450 and 220 liters country made liquor from the another Scooty bearing Registration No. BR04S-9588.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. The petitioner is not named in the FIR and his name
Patna High Court CR. MISC. No.71701 of 2025(2) dt.15-10-2025 2/3 has been surfaced in this case during course of investigation as the owner of the said Scooty bearing Registration No. BR04AU6450. The petitioner had given the said Scooty to co-accused Om Prakash in good faith but he misused the said Scooty in carrying illicit liquor and the petitioner cannot be held liable for the alleged recovery. The petitioner bears no criminal antecedent. The petitioner was not found at the place of occurrence. No incriminating article has been recovered from the possession of the petitioner. The petitioner has no concern with the seized liquor. The petitioner is not the owner of the another Scooty bearing Registration No. BR04S-9588 from which 220 liters illicit liquor has been recovered. The petitioner is not in any way connected with the alleged occurrence. Seizure list has not been prepared as per law. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition of Excise Act.
5. The learned A.P.P. for the State opposed 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
Patna High Court CR. MISC. No.71701 of 2025(2) dt.15-10-2025 3/3 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 Additional Sessions Judge-cum-Exclusive Special Court, Excise Act-I, Saran at Chapra in connection with Bheldi P.S. Case No. 104/2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J) amitkumar/- U T