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2025 DAILYLAW 76189 (PAT)

Sunil Rai v. The State of Bihar

CR. MISC./66525/2025 · 2025-09-24

Khatim Reza

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66525 of 2025 Arising Out of PS. Case No.-212 Year-2025 Thana- DORIGANJ District- Saran ====================================================== Sunil Rai, male, aged about 36 years, S/O Shiv Nath Rai R/O Village- Balban Tola, P.S- Doriganj, Distt.- Saran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Hemant Kumar, Adv. For the Opposite Party/s : Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 24-09-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner apprehends arrest in connection with Doriganj P.S. Case No. 212 of 2025 dated 10-06-2025, instituted under Section 30(a) of the Bihar Prohibition and Excise Act . 3. Total 72.9 litres of foreign liquor and a motorcycle without a number plate are alleged to have been recovered from a room/dalan in the house of the petitioner. 4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that the alleged recovery was made from a room/dalan which is not part of the petitioner’s house. It is next submitted that the said room is situated approximately 100 feet east of the main house. The main gate of the main house opens from the north, whereas the Patna High Court CR. MISC. No.66525 of 2025(2) dt.24-09-2025 2/2 main gate of the alleged room/dallan opens from the east direction and sand and chips (gitti) were kept in the alleged room and the roof was made of iron sheets. The said room or dalan is in an abandoned condition. Further, it is submitted that the petitioner has no concern with the said illicit liquor. Lastly, it is submitted that the petitioner has one criminal case of a different nature. 5. Learned APP has opposed the prayer for bail. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-cum- Presiding Officer, Exclusive Special Excise Court No. 3, Saran, in Doriganj P.S. Case No. 212 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023. 7. The application stands allowed. shyambihari/- (Khatim Reza, J) U