Arvind Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75183 of 2025 Arising Out of PS. Case No.-255 Year-2025 Thana- AMNAUR District- Saran ====================================================== Arvind Rai Son of Manager Rai R/o Village - Kaituka Nandan, P.S. - Maker, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Adv.

For the Opposite Party/s :

Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Amnour P.S. Case No. 255 of 2025 instituted for the offences under Sections 30(a), 33, 34 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 280 liters of illicit spirit from the bush.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The name of the petitioner has surfaced in this case on the basis of the disclosures made by the local people. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner rather the same has been recovered from open place, accessible to one and all. The

Patna High Court CR. MISC. No.75183 of 2025(2) dt.03-11-2025 2/2 petitioner has no concern with the seized liquor. The petitioner has never indulged either in manufacturing or trading of the illicit liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has four criminal antecedents and is languishing in judicial custody since 28.08.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amnour P.S. Case No. 255 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T