Nitish Ray @ Nitish Kumar @ Neetish Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1706 of 2025 Arising Out of PS. Case No.-205 Year-2020 Thana- TAJPUR District- Samastipur ====================================================== Nitish Ray @ Nitish Kumar @ Neetish Ray Son of Babu Lal Ray @ Suresh Prasad Yadav Resident of Village- Maricha, P.S.- Tajpur, District- Samastipur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Tajpur (Halai OP) PS Case No. 205 of 2020 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 77.760 litres of foreign liquor was recovered from straw house of the petitioner.

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 recovery is made from the straw house of the petitioner

Patna High Court CR. MISC. No.1706 of 2025(6) dt.30-01-2025 2/2 which belongs to the joint family of the petitioner. The petitioner is in custody since 18.11.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. 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, clean antecedent of the petitioner 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.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Tajpur (Halai OP) PS Case No. 205 of 2020.

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