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2025 DAILYLAW 92859 (PAT)

Manjay Ray @ Manjay Rai @ Manjay Lal Rai v. The State of Bihar

CR. MISC./89758/2025 · 2025-12-23

Khatim Reza

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89758 of 2025 Arising Out of PS. Case No.-222 Year-2025 Thana- SARAI RANJAN District- Samastipur ====================================================== Manjay Ray @ Manjay Rai @ Manjay Lal Rai Son of Nathuni Rai @ Nathuni Ray Resident of Village- Bhagwatpur Bhuski, P.S.- Sarairanjan, District- Samastipur, Bihar- 848127 ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Keshav Bhardwaj, Advocate For the Opposite Party/s : Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 23-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner apprehends arrest in connection with Sarai Ranjan PS. Case No. 222 of 2025 dated 17-11-2025, instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act,2022. 3.The allegation is of recovery of 6.750 liters of illicit IMFL from two motorcycles. Out of this, 4.500 liters were recovered from a TVS Apache motorcycle bearing Registration No. BR-6AY-8597 and the remaining 2.250 liters were recovered from a Super Splendor motorcycle bearing Registration No. BR-33Z-8591. 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 contended that no incriminating article Patna High Court CR. MISC. No.89758 of 2025(2) dt.23-12-2025 2/2 has been recovered either from the conscious possession of the petitioner or from his house; rather, the alleged recovery of illicit liquor was made from the two aforesaid motorcycles, which do not belong to the petitioner. The petitioner has been arrayed as an accused merely on the basis of the disclosure made by the local chowkidar. Lastly, it is submitted that the petitioner has no criminal antecedents. 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 Special Judge Excise-II, Samastipur, in Sarai Ranjan PS. Case No. 222 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023. shyambihari/- (Khatim Reza, J) U