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2025 DAILYLAW 11027 (PAT)

Nagendra Rai @ Nagendra Kumar Rai @ Nagendra Kumar Ray v. The State of Bihar

CR. MISC./6371/2025 · 2025-02-28

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6371 of 2025 Arising Out of PS. Case No.-113 Year-2024 Thana- Pahelja P.S. District- Saran ====================================================== 1. Nagendra Rai @ Nagendra Kumar Rai @ Nagendra Kumar Ray S/O Ramji Ray @ Ramjee Rai R/O Village- Saidpur, P.S- Pahleja, Distt.- Saran. 2. Ramjee Rai @ Ramji Ray S/O Late Shivnath Ray R/O Village- Saidpur, P.S- Pahleja, Distt.- Saran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh No. I, Advocate For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 28-02-2025 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per prosecution case, 215 litres county made liquor, one boat and one gas cylinder was recovered near the bank of Ganga river. 4. Learned counsel for the petitioners submits that no incriminating material has been recovered from conscious possession of these petitioners and they are not concerned with the alleged recovery. Recovery has been made from an open Patna High Court CR. MISC. No.6371 of 2025(3) dt.28-02-2025 2/2 place accessible to one and all. Petitioners claim clean antecedent. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6. Considering the aforesaid facts and circumstances, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Pahleja P. S. Case No. 113 of 2024, subject to condition as laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023. Navya/- (Prabhat Kumar Singh, J) U T