Raju Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84623 of 2025 Arising Out of PS. Case No.-294 Year-2025 Thana- EKMA District- Saran ====================================================== Raju Rai S/O Seoji Rai R/o - Tilkar, P.S.- Ekma, Dist.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mirtunjay Kumar Tiwary, Advocate For the Opposite Party/s :

Ms. Asha Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-12-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Ekma Police Station Case No. 294 of 2025, disclosing offences under Section 30(a) of Bihar Prohibition and Excise Act.

3. The prosecution case, as per the First Information Report, is that, Police received information that petitioner is selling liquor from his house. On such information, Police party proceeded towards the place of occurrence. Upon the police party's arrival at the place of occurrence, the petitioner fled away leaving behind a motorcycle bearing Registration No. BR-29AK-9785. A

Patna High Court CR. MISC. No.84623 of 2025(2) dt.17-12-2025 2/3 local Chaukidar identified the petitioner. On search of abandoned motorcycle total 10 litres of country-made liquor was recovered which had been kept in a plastic bag contained in different pouches.

4. Learned Counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has come on the discloser made by local Chaukidar. Petitioner has no concern with the seized motorcycle bearing Registration No. BR-29AK9785. Liquor has not been recovered from the conscious possession and/or vehicle belonging to the petitioner.

5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that the illicit liquor has not been recovered from the conscious possession and/or vehicle belonging to the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.84623 of 2025(2) dt.17-12-2025 3/3 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-I, Saran at Chapra, in connection with Ekma Police Station Case No. 294 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita.

(Anil Kumar Sinha, J) Siwani/- U T