Patna High Court – Orders
Binod Ray vs The State Of Bihar on 16 July, 2025
Author: Chandra Prakash Singh
Bench: Chandra Prakash Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45790 of 2025
Arising Out of PS. Case No.-252 Year-2024 Thana- CHIRAIYA District- East Champaran
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Binod Ray S/o Hanuman Rai R/o Village- Sapgadha, P.S.- Chiraiya, District-
East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
SINGH
ORAL ORDER
2 16-07-2025
Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Chiraiya P.S. Case No.
252/2024 dated 12.06.2024 registered for the offences
punishable u/s 30(a) and 41 of the Bihar Prohibition and Excise
Act and Sections 147, 148, 149, 341, 323, 324, 225, 186, 332,
333, 353, 307 and 414 of the Indian Penal Code.
3. As per the prosecution case, on seeing police, a
person riding the motorcycle started turning his motorcycle, but
he fell down and started fleeing away leaving the motorcycle
but he was apprehended. Thereafter, the petitioner and the co-
accused persons along with 20-25 persons holding lathi-danda,
Patna High Court CR. MISC. No.45790 of 2025(2) dt.16-07-2025
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bhala, farsa and country-made katta came there and started
scuffle with the police and took away the apprehended person.
Thereafter, total 20 litres of illicit country-made liquor was
recovered from the gallon kept on the motorcycle.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. Nothing has been recovered from the conscious
possession of the petitioner. The other co-accused person has
already been granted bail by the Co-ordinate Bench vide order
dated 04.12.2024 passed in Cr. Misc. No. 83032/2024. The
petitioner has no concern with the alleged occurrence. The
petitioner has three antecedents as stated in para 3 of the bail
petition. The petitioner is in custody since 23.03.2025.
5. Learned A.P.P. for the State has vehemently
opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as well as the period of custody, the petitioner above-
named, is directed to be enlarged on bail on furnishing bail-bond
of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of
the like amount each to the satisfaction of learned Court
concerned, East Champaran, Motihari in connection with
Chiraiya P.S. Case No. 252/2024 with the condition:-
Patna High Court CR. MISC. No.45790 of 2025(2) dt.16-07-2025
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(i). The petitioner is directed to remain physically
present before the learned Court below on each and every date,
failing which on two consecutive dates without reasonable
cause, the bail bonds of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J)
atul/-
U T
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