IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28337 of 2025 Arising Out of PS. Case No.-29 Year-2025 Thana- PIPRAKOTHI District- East Champaran ====================================================== Lalbabu Rai S/o- Late Hardev Rai Resident of Village- Mathiya Bariyarpur Police Station- Piprakothi District-East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Karandeep Kumar, Advocate For the State : Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 29-04-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Piprakothi P.S. Case No. 29 of 2025, instituted for the offences punishable under Sections 274, 275, 123, 110 of the Bharatiya Nyaya Sanhita, 2023 read with Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that, 500 liters spirit was recovered from the bathan 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 Patna High Court CR. MISC. No.28337 of 2025(2) dt.29-04-2025 2/3 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of spirit. Learned counsel for the petitioner further submits that the alleged recovery has been made from bathan of the co-accused, namely, Lakhindra Kumar and the same is open place which is easily accessible to public at large. The petitioner is in custody since 11.02.2025 and has got six criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Other co-accused has been granted bail by this Court vide order dated 27-03-2025, passed in Cr. Misc. No. 18104 of 2025. 6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7. 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. 8. 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 Piprakothi P.S. Case No. 29 of 2025, subject to the following condition:- (I) One of the bailors shall be own/close member of the family of the petitioner. Patna High Court CR. MISC. No.28337 of 2025(2) dt.29-04-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. (III) If the petitioner tampers with the evidence or the witnesses of the case by intimidating/pressurizing the witnesses, during the investigation or trial, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (IV) If the petitioner is found indulged in any criminal activity or commission of any crime after being released on bail, the prosecution will be at liberty to file an appropriate application before the court below for cancellation of his bail. Raj Kishore/- (Rudra Prakash Mishra, J) U T