Sukhari Rai @ Sukhar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84745 of 2025 Arising Out of PS. Case No.-390 Year-2025 Thana- DESARI District- Vaishali ====================================================== Sukhari Rai @ Sukhar Rai Son of Ram Prit Rai Resident of village- Naya Gaon Bishar Asthan Police Station- Desari District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate Ms. Rani Shashi Bharti, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Desari PS Case No. 390 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 120 liters country made liquor was recovered from bicycle. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is labour of co-accused, Raja Kumar and on his

Patna High Court CR. MISC. No.84745 of 2025(2) dt.04-12-2025 2/2 instance, he was carrying the bags with bicycle and he was oblivious of the fact that illicit liquor was laden in the bags. The petitioner is in custody since 28.10.2025 and has got two criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Desari PS Case No. 390 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T