Raju Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90353 of 2024 Arising Out of PS. Case No.-114 Year-2024 Thana- Pahelja P.S. District- Saran ====================================================== Raju Ray Son of Bhikhari Ray Resident of Village- Kharika, P.S.-Pahleja, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Pahleja PS Case No. 114 of 2024 dated 14-10-2024 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 80 litres countrymade wine from Guava orchard of Shyamdeo Singh near Brahm Asthan.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has been falsely implicated in this case. It is submitted that nothing has been recovered from conscious or physical possession of the petitioner, rather, the said illicit wine has been recovered from the Guava Orchard of

Patna High Court CR. MISC. No.90353 of 2024(2) dt.10-01-2025 2/2 Shyamdeo Singh. The petitioner has no concern with the said Shyamdeo Singh nor any connection with the seized illicit wine. Further, the similarly situated person, namely, Nanhak Chaudhary @ Om Prakash Chaudhary has been granted anticipatory bail by this Court vide order dated 11-12-2024 passed in Cr. Misc. No. 83708 of 2024. Learned counsel further submits that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.2, Saran at Chapra, in Pahleja PS Case No. 114 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U