Bhupendra Ray @ Bhupendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87793 of 2025 Arising Out of PS. Case No.-365 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Bhupendra Ray @ Bhupendra Kumar son of Birmohan Ray, VillageBaikunthpur, PS- Baikunthpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajeet Bhushan, Advocate For the Opposite Party/s :

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

2. The petitioner seeks pre-arrest bail in connection with Baikunthpur P.S.Case No.365 of 2025, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, total 39 ltrs. of country-made liquor and 1 kg of Polythene has been recovered from the paddy field beside the house of co-accused, Parshuram Kumar, who disclosed the name of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has committed no offence. Learned counsel further submitted that on the basis of the confessional statement of the co-accused,

Patna High Court CR. MISC. No.87793 of 2025(2) dt.22-12-2025 2/3 Parshuram Kumar, the petitioner has been made accused in the present case. Petitioner has clean antecedent.

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

6. Having considered the rival submissions of the parties, as well as, considering the fact that total 39 ltrs. countrymade liquor and 1 kg of Polythene has been recovered from the paddy field beside the house of co-accused, Parshuram Kumar, who disclosed the name of the petitioner, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Addl. Sessions Judge XIIIcum-Special Excise Court No.1, Gopalganj in connection with Baikunthpur P.S.Case No.365 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of BNSS.

7. The learned 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 paragraph No.3 of the bail application, this order will

Patna High Court CR. MISC. No.87793 of 2025(2) dt.22-12-2025 3/3 automatically lose its force.

(Purnendu Singh, J) chn/- U T