Sunil Ray @ Sunil Rai vs The State Of Bihar on 7 August, 2025

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Patna High Court - Orders

Sunil Ray @ Sunil Rai vs The State Of Bihar on 7 August, 2025

Bench: Rajesh Kumar Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34376 of 2025
                    Arising Out of PS. Case No.-756 Year-2018 Thana- Bundelkhand P.S. District- Nawada
                 ======================================================
                 Sunil Ray @ Sunil Rai S/o- Ashok Kumar Ray R/o - Gajaradh, Gaurakshmi,
                 Gali No.3 ,P.S - Samsara, District - Rohtas

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjay Kumar Tiwary, Advocate
                 For the State            :        Ms. Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   07-08-2025

Heard Mr. Sanjay Kumar Tiwary, learned counsel for the petitioner and Ms. Indu Kumar Srivastava, learned APP for the State.

2. The petitioner is apprehending his arrest in connection Nawada Nagar Bundelkhand P.S. Case No. 756 of 2018, F.I.R. dated 14.10.2018 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. According to prosecution case, there is recovery of altogether 1710 liters of country made liquor from a pickup van.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. It is further submitted that Patna High Court CR. MISC. No.34376 of 2025(4) dt.07-08-2025 2/2 nothing has been recovered from the conscious possession of the petitioner.

5. Learned APP for the State, on the other hand, has taken preliminary objection with regard to the maintainance of the present case and submits that FIR has been instituted in the year 2018 and the petitioner has not stated anywhere in the bail petition that he has any apprehension and from 2018 to 2025, he has not been apprehended by the police. So, there is no apprehension. Apart from that the petitioner has moved before the learned Court below and the learned Court below has rejected his bail application vide order dated 04.03.2024 but the petitioner approached this Court in the year 2025 which suggest that petitioner has no apprehension of arrest.

6. In view of the aforesaid, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Nawada Nagar Bundelkhand P.S. Case No. 756 of 2018 pending in the court of learned Exclusive Special Judge, Excise Court No. 1, Nawada.

7. Prayer is refused.

(Rajesh Kumar Verma, J) priyanka/-

U      T

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Patna High Court - Orders