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2025 DAILYLAW 57293 (PAT)

Sanjeet Rai v. The State of Bihar

CR. MISC./44776/2025 · 2025-07-16

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44776 of 2025 Arising Out of PS. Case No.-104 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur ====================================================== 1. Sanjeet Rai Son of Late Jalim Rai Resident of Village - Chakki Rampur. P.S.- Mahindwara, District - Sitamarhi 2. Avinash Kumar @ Avnish Kumar @ Manish Kumar Son of Late Binda Rai Resident of Village - Gaushra, P.S.- Kudhani, District - Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Nitu Kumari, Adv. For the Opposite Party/s : Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 16-07-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Rampur Hari P.S. Case No. 104 of 2025 instituted for the offences under Sections 274, 275, 3(5) of the Bhartiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per prosecution case, the police has recovered total 2142 liters of illicit foreign liquor from five different vehicles. It is alleged that total 129.600 liters of foreign liquor was recovered from the car of the petitioners. Both the petitioners were arrested at the spot. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence at all as Patna High Court CR. MISC. No.44776 of 2025(2) dt.16-07-2025 2/2 alleged against them rather they have falsely been implicated in the present case only on the basis of suspicion. The petitioner no.1 is the owner of Swift Dezire vehicle whereas petitioner no.2 is the brother-in-law of the petitioner no.1. The petitioners have no concern with the alleged seized liquor. The petitioner no.1 has one criminal antecedent whereas petitioner no.2 has no criminal antecedent and are languishing in judicial custody since 23.05.2025 without any rhymes or reason. 5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also the period of custody of the petitioners, let the petitioners, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rampur Hari P.S. Case No. 104 of 2025. rishi/- (Rudra Prakash Mishra, J) U T