Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 57193 (PAT)

Binod Ray v. The State of Bihar

CR. MISC./45790/2025 · 2025-07-16

Chandra Prakash Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45790 of 2025 Arising Out of PS. Case No.-252 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== Binod Ray S/o Hanuman Rai R/o Village- Sapgadha, P.S.- Chiraiya, District- East Champaran ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar For the Opposite Party/s : Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 16-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner has preferred this application for grant of regular bail in connection with Chiraiya P.S. Case No. 252/2024 dated 12.06.2024 registered for the offences punishable u/s 30(a) and 41 of the Bihar Prohibition and Excise Act and Sections 147, 148, 149, 341, 323, 324, 225, 186, 332, 333, 353, 307 and 414 of the Indian Penal Code. 3. As per the prosecution case, on seeing police, a person riding the motorcycle started turning his motorcycle, but he fell down and started fleeing away leaving the motorcycle but he was apprehended. Thereafter, the petitioner and the co- accused persons along with 20-25 persons holding lathi-danda, Patna High Court CR. MISC. No.45790 of 2025(2) dt.16-07-2025 2/3 bhala, farsa and country-made katta came there and started scuffle with the police and took away the apprehended person. Thereafter, total 20 litres of illicit country-made liquor was recovered from the gallon kept on the motorcycle. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The other co-accused person has already been granted bail by the Co-ordinate Bench vide order dated 04.12.2024 passed in Cr. Misc. No. 83032/2024. The petitioner has no concern with the alleged occurrence. The petitioner has three antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 23.03.2025. 5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. 6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above- named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Chiraiya P.S. Case No. 252/2024 with the condition:- Patna High Court CR. MISC. No.45790 of 2025(2) dt.16-07-2025 3/3 (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled. 7. The application stands allowed. atul/- (Chandra Prakash Singh, J) U T