2025 Supreme(Online)(Pat) 3445
PATNA HIGH COURT
KHATIM REZA, J
Tarkeshwar Ray – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.88308 of 2025
For the Appellants/Petitioners: Mr.Rakesh Kumar
For the Respondents: Mr.Mukesh Kumar Singh
The court granted bail under specific conditions considering the petitioner's right to liberty against the allegations under the Bihar Prohibition and Excise Act.
Headnote:Statute Analysis: The case arises under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. Facts of the Case: The petitioner is accused of the recovery of 80 liters of country-made liquor and claims innocence, asserting no connection to the recovered liquor.
Findings of Court:
The court granted bail with specific conditions, considering the facts and submissions.
Issues: The main question framed by the court pertains to the eligibility for bail given the circumstances.
Ratio Decidendi: The court reasoned that the petitioner demonstrated sufficient grounds for bail, detailing the bail conditions to ensure proper legal process.
Result: The application stands allowed.
| Table of Content |
|---|
| 1. defense asserts innocence against charges. (Para 4) |
| 2. court grants bail with conditions. (Para 6) |
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER
2 22-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Nayagaon PS. Case No. 202 of 2025 dated 24-10-2025, instituted under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act,2022.
3. The allegation is of recovery of 80 litres of country-
made liquor from the Diyara region at village Chirpakar.
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 no incriminating article has been recovered from the conscious possession of the petitioner or from his house. The petitioner has no concern with the allegedly recovered country-made liquor, which was recovered from an abandoned place easily accessible to anyone. It is further submitted that the petitioner has been arrayed as an accused in this case only due to his past history. Lastly, it is submitted that four criminal cases of a similar nature are pending against the petitioner, in which he is already on bail.
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 2nd Exclusive Special Excise Judge, Saran at Chapra, in Nayagaon PS. Case No. 202 of 2025, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita 2023 and further (i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail and (v) that the petitioner will appear before the SHO of concerned PS in the first week of each month till the framing of charge in this case.
7. The application stands allowed.
(Khatim Reza, J)