Niraj Rai Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23923 of 2025

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Arising Out of PS. Case No.-115 Year-2022 Thana- SAHPUR District- Patna

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======================================================

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Niraj Rai Son of Dina Nath Rai Resident of Mohalla - Jay Prakash Nagar Digha, P.S. - Digha, District - Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Navin Kumar, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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3 16-05-2025

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Heard learned counsel for the petitioner and

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learned A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 41 and 56 of the Bihar Prohibition and Excise Act, 2016.

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Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 30 litres of liquor from an auto and Santosh Kumar was apprehended.

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Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized auto. It is further submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create

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Patna High Court CR. MISC. No.23923 of 2025(3) dt.16-05-2025 2/3

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evidence against himself and hence would get implicated. It is next submitted that petitioner was completely unaware that Santosh Kumar would misuse the vehicle in the manner as alleged.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Shahpur P.S. Case No. 115 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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It is made clear that thereafter the learned trial court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of even one case, it would be presumed that petitioner had concealed his antecedent before this Court at para 3 of the anticipatory bail application, in that event the provisional anticipatory bail order shall not be

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Patna High Court CR. MISC. No.23923 of 2025(3) dt.16-05-2025 3/3

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confirmed but if it is found on verification that petitioner is a person with clean antecedent, in that event the provisional anticipatory bail order shall be confirmed forthwith.

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(Satyavrat Verma, J)

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Kundan/-

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U T

Niraj Rai v. The State of Bihar

Case brief

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Niraj Rai v. The State of Bihar

Case brief

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