Bhawan Rajwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8409 of 2025 Arising Out of PS. Case No.-414 Year-2024 Thana- Excise P.S. District- Rohtas ====================================================== Bhagwan Rajwar, Son of Pachu Rajwar, Resident of Village - Reriya, Ward No.- 08, P.S.- Tilothu, District - Rohtas.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-03-2025 The correction of spelling in name of petitioner be done in course of day itself, as requested.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Excise Case No.1132 of 2024 arising out of Excise P.S. Case No.414 OF 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2018/2022.

Patna High Court CR. MISC. No.8409 of 2025(2) dt.06-03-2025 2/3

4. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 20 liters of IMFL/country-made liquor.

5. It is submitted by learned counsel appearing for petitioner that name of petitioner disclosed by co-accused Ranjan Kumar suggesting on its face the recovery was not made from physical possession of this petitioner, who is a man of clean antecedent. It is submitted that even illicit liquor appears to be recovered from an open field, which is accessible by general public.

6. Learned APP opposes the prayer for bail.

7. In view of aforesaid factual submissions and by taking note of fact as illicit liquor prima facie not appears to be recovered from physical possession of this petitioner, accordingly, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender in the court below within a period of four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten

Patna High Court CR. MISC. No.8409 of 2025(2) dt.06-03-2025 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.1, Rohtas at Sasaram in connection with Excise Case No.1132 of 2024 arising out of Excise P.S. Case No.414 of 2024, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) Sanjeet/- U T