Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 102985 (PAT)

Vimal Rai v. The State of Bihar

CR. MISC./73363/2025 · 2025-11-20

R P Mishra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73363 of 2025 Arising Out of PS. Case No.-305 Year-2025 Thana- ATHMALGOLA District- Patna ====================================================== Vimal Rai Son of Bechan Rai R/O Cachhini Chak @ Dachhini Chak, P.S.- Athmagola, Dist.- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rakesh Bihari Singh, Advocate For the Opposite Party/s : Mr.Ajay Kumar No. 2, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 20-11-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Athmalgola P.S. Case No. 305 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that five liters liquor was recovered from motorcycle. 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. The petitioner has no concerned with the seized motorcycle. The name of the Patna High Court CR. MISC. No.73363 of 2025(3) dt.20-11-2025 2/2 petitioner has been disclosed by the co-accused. The petitioner is in custody since 07.09.2025 and has got five criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. Learned APP 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 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. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Athmalgola P.S. Case No. 305 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. manish/- (Rudra Prakash Mishra, J) U T