Chhotan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87944 of 2025 Arising Out of PS. Case No.-172 Year-2025 Thana- PARSA District- Saran ====================================================== Chhotan Rai Son of Bindeshwar Rai Resident of- Balitgawn, P.S- Parsa, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sharma, Advocate For the Opposite Party/s :

Mr.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-12-2025 Heard Mr. Ajay Kumar Sharma, learned counsel appearing on behalf of the petitioner and Mr. Sucheta Yadav, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Parsa P.S. Case No. 172 of 2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, as amended up-to-date.

3. As per the allegation made in the FIR, 20 litres of illicit country made liquor was recovered near a banana tree.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been falsely implicated in the case. He has no concern either with the seized liquor or trade of liquor in any manner. Nothing incriminating has been recovered from the conscious possession of the petitioner. 20 litres of illicit country made liquor was recovered near a banana tree, which is an open space and easily

Patna High Court CR. MISC. No.87944 of 2025(2) dt.22-12-2025 2/2 accessible to anyone. The petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions made on behalf of the parties, as well as, perusing the allegation made in the FIR , the petitioner having clean antecedent, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District Court where the case is pending/successor court in connection with Parsa P.S. Case No. 172 of 2025, subject to the condition as laid down under Section 438(2) of the Cr.P.C./482 of the BNSS.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.

(Purnendu Singh, J) Ashishsingh/- U T