IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40403 of 2025 Arising Out of PS. Case No.-257 Year-2023 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Rahul Ray @ Rahul Kumar S/O Mahesh Ray Resident of Village- Sonrapur (Sunderapur), P.S- Kesariya, Distt.- East Champaran (Motihari). ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Subhash Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 2 15-07-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending his arrest in connection with Baikunthpur P.S. Case No. 257 of 2023 for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act. 3. As per the allegation total 32.340 litres of country made liquor has been recovered, which is the subject matter of the present case. 4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has falsely been implicated in the present case. Nothing has been recovered from the conscious possession or premises of the petitioner. The petitioner has been made accused in this case at the instance of the local Patna High Court CR. MISC. No.40403 of 2025(2) dt.15-07-2025 2/3 chowkidaar due to dirty village politics. Learned counsel further submits that the alleged recovery has been made from an open place beside Gandak river. The seizure list witnesses are police officials and no any independent witness has supported the prosecution case. The antecedent of the petitioner is clean. 5. Learned APP opposes the prayer for bail. 6. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail. 7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional District and Sessions Judge- XIII cum-Special Excise Court No. 1, Gopalganj, in connection with Baikunthpur P.S. Case No. 257 of 2023 subject to the conditions as laid down under Section 482 of B.N.S.S., as also with the following conditions:- (i) One of the bailors should be close relative of the petitioner. (ii) if the petitioner tampers with the evidence or threatens the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. Patna High Court CR. MISC. No.40403 of 2025(2) dt.15-07-2025 3/3 (iii) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail bonds may be cancelled by the learned trial Court. Ankit Kumar/- (S. B. Pd. Singh, J) U T