Arun Rai @ Arun Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80890 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- BIBHUTIPUR District- Samastipur ====================================================== Arun Rai @ Arun Ray S/O Late Rajendra Rai @ Late Rajendra Ray R/O Village-Belsandi Tara, Ward No.14, P.S. Bibhutipur, District Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Anand For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 07-02-2025 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Bibhutipur P.S. Case No.11 of 2024 registered for the offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. 3.

As per FIR, there is recovery of 1265.4 litre of illicit liquor from possession of the petitioner. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case, where, petitioner was not named in FIR and his name surfaced during course of investigation. It is submitted that recovery of alleged illicit liquor was not made

Patna High Court CR. MISC. No.80890 of 2024(2) dt.07-02-2025 2/2 from conscious physical possession of the petitioner and he has no concern with the alleged recovery of illicit liquor. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that co-accused has already granted bail by the Co-ordinate Bench of this Court in Cr. Misc. No. 27310 of 2024. It is further submitted that petitioner is in custody since 16.08.2024.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, in connection with Bibhutipur P.S. Case No.11 of 2024 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-1st, Samastipur.

(Ramesh Chand Malviya, J) Mayank/- U T