Shiv Sagar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88841 of 2024 Arising Out of PS. Case No.-270 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== 1.

Shiv Sagar Rai, S/o Late Chetnarayan Rai, Resident Of Village- Terasiya, Ps - Gangabridge, District- Vaishali 2.

Vijindra Mahto @ Vijendra Mahto, S/o Late Ganaur Mahto, Resident Of Village- Terasiya, P.S. - Gangabridge, District- Vaishali 3.

Rajesh Kumar, S/o Rajgir Bhagat, Resident Of Village- Terasiya, P.S. - Gangabridge, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivjee Singh, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Complaint Case vide C-2A No. 270 of 2021 for the offence registered under Sections 30 (a) and 30(c) of the Bihar Prohibition & Excise Act, 2018.

3. As per the prosecution case, there is recovery of 70 litres of country made liquor along with equipment for making liquor in the forest of Ikri in Sukmarpur across the Ganga river. Allegation against the petitioners is that they were involved in

Patna High Court CR. MISC. No.88841 of 2024(2) dt.08-01-2025 2/3 manufacturing the said liquor, their name have been disclosed by the villagers.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case on the basis of suspicion. He further submits that petitioners are belong to the other village and they have no concern with the recovered liquor or equipment. Petitioners were not present on the spot at the time of occurrence. Learned counsel for the petitioners further submits that the alleged raid was made on 22.12.2021, however, the same was forwarded in the concerned Court on 31.12.2021 without any explanation. Petitioners have no criminal antecedent and they undertake to cooperate in the investigation of this case.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.88841 of 2024(2) dt.08-01-2025 3/3 the concerned Court where the case is pending in connection with Complaint vide No. C-2A No. 270 of 2021, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S. (Sunil Dutta Mishra, J) khushbu/- U T