IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25581 of 2025 Arising Out of PS. Case No.-186 Year-2025 Thana- SONEPUR District- Saran ====================================================== Deepak Kumar S/o Haribansh Ray R/o Vill- Rahar Diyara, P.S.- Sonepur, Distt- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 25667 of 2025 Arising Out of PS. Case No.-186 Year-2025 Thana- SONEPUR District- Saran ====================================================== Anil Kumar Ray @ Anil Kumar Rai @ Anil Rai S/o Jhulan Ray R/o Vill.- Pahaleja Shahpur, Diyara Nakhi Par, P.S.- Sonpur, Distt.- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 26863 of 2025 Arising Out of PS. Case No.-186 Year-2025 Thana- SONEPUR District- Saran ====================================================== Rakesh Kumar S/O Ramesh Ray R/o vill - Sabalpur Nayka Basinda, P.S.- Sonpur, Distt.- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 27514 of 2025 Arising Out of PS. Case No.-186 Year-2025 Thana- SONEPUR District- Saran ====================================================== 1. Rohit Kumar @ Sonu Son Of Naresh Prasad Resident Of Village-Shershah Road, Mirshikar Toli, P. S.-ALAMGANJ, District-Patna. 2. Rishu Kumar @ Rishabh Son Of Late Deepak Prasad Village- Kajibag Ward No. 56, Ps- Alamganj, Dist- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 32753 of 2025 Arising Out of PS. Case No.-186 Year-2025 Thana- SONEPUR District- Saran ====================================================== 1. Sudhir Kumar S/O Lalbabu Rai R/O Village- Sabalpur Pachhiyari Tola, P.S- Sonpur, Distt.- Saran. 2. Mohan Rai @ Lalmohan Rai S/O Deepak Rai R/O Village- Sabalpur Pachhiyari Tola, P.S- Sonpur, Distt.- Saran. 3. Ranjay Kumar Rai S/O Ramawadh Rai R/O Village- Ashogawa Khurd, Fajilnagar, P.S- Kushinagar, Distt.- Kushinagar (Utarpradesh). ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Patna High Court CR. MISC. No.25581 of 2025(5) dt.24-07-2025 2/4 Appearance : (In CRIMINAL MISCELLANEOUS No. 25581 of 2025) For the Petitioner/s : Mr.Ganesh Prasad Singh For the Opposite Party/s : Mr.Md. Matloob Rab (In CRIMINAL MISCELLANEOUS No. 25667 of 2025) For the Petitioner/s : Mr.Ganesh Prasad Singh For the Opposite Party/s : Mr.Dr. Ajeet Kumar (In CRIMINAL MISCELLANEOUS No. 26863 of 2025) For the Petitioner/s : Mr.Ganesh Prasad Singh For the Opposite Party/s : Md. Aslam Ansari (In CRIMINAL MISCELLANEOUS No. 27514 of 2025) For the Petitioner/s : Mr. Brajesh Sahay Mr.Jay Ram Prasad For the Opposite Party/s : Mr.Shantanu Kumar (In CRIMINAL MISCELLANEOUS No. 32753 of 2025) For the Petitioner/s : Mr.Brajesh Sahay Mr. Jay Ram Prasad For the Opposite Party/s : Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 5 24-07-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. As all these bail applications arise from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order. 3. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 317(5), 111, 61(2) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act. 4. Allegation in the first information report relates to recovery of 6912 litres of foreign liquor from a truck. 5. It has been submitted by the learned counsels for the petitioners that the name of these petitioners feature in the first information report on account of secret information given Patna High Court CR. MISC. No.25581 of 2025(5) dt.24-07-2025 3/4 against altogether 13 persons. Subsequently, it has been stated that the local Choukidar has identified these persons as being those who fled away from the scene of occurrence although the truck was intercepted at 2:00AM in the dead of the night and hence, it has been submitted that there is no question of any identification. It has further been submitted that neither the truck belongs to the petitioners nor any of the other seized vehicles belong to these petitioners. There is no recovery from the conscious or physical possession of the petitioners and they have nothing to do either with the alleged seized liquor or with the seized truck. The confessional statement of the co-accused Rajesh Kumar before the police, who was also arrested subsequently, has no evidentiary value in the eye of law. It is further submitted that the mandatory provisions of search and seizure have been violated as there is no independent witness to the seizure list. Petitioner of Cr. Misc. No. 25581 of 2025 has four criminal antecedents (not of similar nature), petitioner of Cr. Misc. No. 25667 of 2025 has one criminal antecedent of similar nature of offence, petitioner of Cr. Misc. No. 26863 of 2025 has two criminal antecedents of similar nature of offence, petitioners of Cr. Misc. No. 27514 of 2025 have no criminal antecedents and petitioners of Cr. Misc. No. 32753 of 2025 have one criminal antecedent. Patna High Court CR. MISC. No.25581 of 2025(5) dt.24-07-2025 4/4 5. Learned APP for the State has opposed the application for anticipatory bail on the ground that there is huge recovery of liquor. 6. Considering all the above mentioned facts and circumstances, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sonpur P.S. Case No. 186 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S. subject to the further conditions: (i) One of the bailors will be a family member/close relative. (ii) The petitioners would appear before the Investigating Officer of the concerned police station at an interval of every 15 days till investigation is concluded against them. devendra/- (Soni Shrivastava, J) U T