Patna High CourtCR. MISC./310/2025bail granted

Fulena Rai v. The State Of Bihar

2025-02-04Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.310 of 2025 Arising Out of PS. Case No.-351 Year-2024 Thana- KESARIA District- East Champaran ====================================================== Fulena Rai S/o Rama Rai Resident of village- Kadhan, Ward No 09, PSKesariya, District- East Champaran Motihari ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Karandeep Kumar, Advocate For the State :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-02-2025 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 274 and 275 of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 50 litres country made liquor has been recovered from a Baswari situated behind the house of co-accused Rakesh Kumar and Achchelal Kumar. This petitioner is alleged to have fled away from the spot.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has committed no offence. No incriminating article has been recovered from conscious possession of this petitioner and he has been made an accused in this case merely on suspicion.

Patna High Court CR. MISC. No.310 of 2025(2) dt.04-02-2025 2/2 Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 3, East Champaran, Motihari in connection with Kesariya P.S. Case No. 351 of 2024, subject to condition as laid down under Section 482 of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T