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2025 DAILYLAW 75696 (PAT)

Arjun Rai @ Arjun Kumar Rai v. The State of Bihar

CR. MISC./65805/2025 · 2025-09-24

Alok Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65805 of 2025 Arising Out of PS. Case No.-47 Year-2025 Thana- JANTA BAZAR District- Saran ====================================================== Arjun Rai @ Arjun Kumar Rai S/o Chandradev Rai R/o Vill- Khurd Lauwa, P.S.- Janta Bazar, Distt- Saran at Chapra ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Shweta Anand, Adv. For the Opposite Party/s : Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. Petitioner is apprehending arrest in connection with Janta Bazar P.S. Case No. 47 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 3. As per prosecution case, there is alleged recovery of 20 liters illicit country made liquor from a plastic jhola kept behind the house of the petitioner. Local chowkidar discloses the name of petitioner who is said to have fled away from the place of occurrence. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the first information report and he has been falsely implicated Patna High Court CR. MISC. No.65805 of 2025(2) dt.24-09-2025 2/3 in this case. Petitioner was not found at the place of occurrence. Except disclosure of local chowkidar, there is nothing on record to connect the present petitioner with the alleged occurrence. It is orally submitted petitioner has been falsely implicated in this case by the local chowkidar due to village politics. No incriminating article has been recovered from possession of the petitioner. Petitioner bears no criminal antecedent. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act. 5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner. 6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner, above named, in the event of arrest or surrender within a period of six weeks from today, be released on anticipatory 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 3rd Special Judge, Excise, Saran at Chapra in connection with Janta Bazar P.S. Case No. 47 of 2025, subject to the conditions Patna High Court CR. MISC. No.65805 of 2025(2) dt.24-09-2025 3/3 as laid down under section 482(2) of the B.N.S.S. 7. The application stands allowed. mcverma/- (Alok Kumar Pandey, J) U T