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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13114 of 2025 Arising Out of PS. Case No.-239 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Horil Ray Son of Late Jagdev Ray (Wrongly 60 years in FIR) Resident of Village - Mohaddipur, P.S. - Chiraiya, District - East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar, Adv For the Opposite Party/s : Mr.Yogendra Kumar Singh, APP ======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 3 09-05-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 of the I.P.C and 30(a), 32 (2), (3), 33, 41, 47 of the Bihar Prohibition & Excise Act.
3. It would appear from the FIR and seizure list that 10 liters of country made liquor and 3000 liters fermented jaggery ghol each was recovered and destroyed besides the canal.
4. Learned counsel for the petitioner submits that the name of the petitioner has surfaced in the present case on account of disclosure by some local villagers. There is no
Patna High Court CR. MISC. No.13114 of 2025(3) dt.09-05-2025 2/3 recovery from physical and conscious possession of the petitioner and the recovery was made from an open place and hence liability cannot be fixed upon the petitioner.
5. The learned APP opposes the anticipatory bail on the ground that the petitioner has a long list of 11 cases against him which are of similar nature. In response to the same,
learned counsel for the petitioner submits that he is on bail in all ten cases while in one case his bail application is pending . It is also stated that due to these criminal antecedents, his name has transpired in the present case.
6. Considering the aforesaid facts and circumstances of the case, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of his arrest/ surrender within a period of four weeks from today the petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/ successor court in Excise P.S. Case No. 239 of 2020, subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition that (i) The learned court below shall verify the criminal antecedent of the petitioner before releasing him on bail.(ii) The petitioner would
Patna High Court CR. MISC. No.13114 of 2025(3) dt.09-05-2025 3/3 make available in the police station at the interval of every 15 days till submission of charge sheet.
N.K/- (Soni Shrivastava, J) U T