Patna High CourtCR. MISC./89757/2025bail granted

Congresh Rai @ Congress Kumar v. The State Of Bihar

2025-12-24Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89757 of 2025 Arising Out of PS. Case No.-301 Year-2025 Thana- PARSA District- Saran ====================================================== Congresh Rai @ Congress Kumar S/o Surendra Rai R/o Village- Gangoi, P.SBheldi, Dist- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Mili Kumari, Advocate.

For the Opposite Party/s :

Mr.Anil Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-12-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Parsa P.S. Case No. 301 of 2025 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation is of recovery of 120 litres of country made liquor from the motorcycle of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner or from his motorcycle rather the recovery is from a tempo. The petitioner has no concern either with the manufacturing of liquor or its

Patna High Court CR. MISC. No.89757 of 2025(2) dt.24-12-2025 2/3 trade in any manner. Petitioner has clean antecedent and he is in custody since 26.09.2025.

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

6. Having heard the rival submissions made on behalf of the parties and the nature of allegation against the petitioner and the petitioner is in custody since 26.09.2025, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending in connection with Parsa P.S. Case No. 301 of 2025, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature

Patna High Court CR. MISC. No.89757 of 2025(2) dt.24-12-2025 3/3 of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(5) The court below 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 Para3 of the bail petition, this order will automatically loose its force.

7. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T