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2025 DAILYLAW 92925 (PAT)

Vishal kumar @ Vishal Rai v. The State of Bihar

CR. MISC./87677/2025 · 2025-12-19

Ajit Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87677 of 2025 Arising Out of PS. Case No.-173 Year-2025 Thana- GANGABRIDGE District- Vaishali ====================================================== Vishal kumar @ Vishal Rai S/o Vijay Ray Resident of village- Diwantok, ward no. 6, P.S.- Ganga Bridge, Distt.- Vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar, Adv. Mr. Hemant Ray, Adv. For the Opposite Party/s : Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 19-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his/her arrest in connection with Ganga Bridge P.S. Case No. 173 of 2025, dated 23.10.2025 registered for the offences punishable under Sections 30(a), 30(c) of the Bihar Prohibition and Excise Amendment Act. 3. As per the prosecution case, on 23.10.2025, the informant along with his police team was on patrolling duty and conducting raid against the illegal liquor traders. In the mean time, he got information that illegal liquor is being manufactured in Terasiya diyara region by Birju Kumar, Bahadur Rai, Ajit Rai, Vishal Rai and Abhimanyu Rai. To verify the said information and Patna High Court CR. MISC. No.87677 of 2025(2) dt.19-12-2025 2/3 necessary action, police team reached at the bank of River Ganga situated near Siswani, and saw that five to six persons started running away a liqour bhatti on seeing the police team, who were tried to be apprehended, but they managed to flee away from the spot taking benefit of river and Ikri field. The local chowkidar identified the names of fleeing persons as Birju Kumar, Bahadur Rai, Ajit Rai, Vishal Rai and Abhimanyu Rai. Thereafter, on search of place of occurrence, total 600 liter country made liquor along with equipment used for manufacturing illegal liquor, like aluminum pipe and plastic pipe have been recovered and 6000 liter semi prepared kacha java was also found there, which was destroyed at the place of seizure itself. 4. Learned counsel for the petitioner submits that the recovery of the seized liquor made from the bank of Diara Ganga river, while the petitioner is no way connected with the seized liquor, which is said to have been destroyed by the local Police in terms of the provision of the Bihar Prohibition and Excise Amendment Act. The petitioner has one criminal antecedent, in which he is on bail. 5. Learned counsel for the petitioner, on instruction, without accepting his guilt, proposes to deposit Rs. 5,000/- (Five thousand) in the welfare account of the Advocate Association of the Patna High Court. Patna High Court CR. MISC. No.87677 of 2025(2) dt.19-12-2025 3/3 6. Learned APP for the State opposes the prayer for anticipatory bail application. 7. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the constructive possession and/or premises belonging to the petitioner and petitioner has one criminal antecedent, in which he is on bail, accordingly, this Court is inclined to grant anticipatory bail to the petitioner. 8. Let the petitioner, above named, be released on anticipatory bail in the event of his/her arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special excise Court No.-1-cum-Additional District & Sessions Judge, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 173 of 2025, subject to the condition as laid down under Section 482(2) of the B.N.S.S. and on production of the receipt showing deposit of Rs. 5,000/- (Five thousand) as proposed on behalf of the petitioner. pravinkumar/- (Ajit Kumar, J) U T