IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88139 of 2024 Arising Out of PS. Case No.-279 Year-2024 Thana- KOTWA District- East Champaran ====================================================== Hiralal Rai @ Hira Ray S/O Raghu Rai Resident of village - Dipau Dhanger Toli, P.S- Kotwa, District- East Champaran ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hemant Ray, Advocate For the Opposite Party/s : Mrs. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 08-01-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Kotwa P.S. Case No. 279 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that, 80 liters liquor was recovered from different places out of which 20 liters liquor was recovered from the shop of the petitioner and the petitioner was apprehended on spot. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got Patna High Court CR. MISC. No.88139 of 2024(2) dt.08-01-2025 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner further submits that the alleged recovery of liquor has been made from behind the shop of the petitioner which is an open place and is easily accesible to public at large. The petitioner is in custody since 07.10.2024 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kotwa P.S. Case No. 279 of 2024. Rajorshi/- (Rudra Prakash Mishra, J) U T