Amirak Rajvanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16750 of 2025 Arising Out of PS. Case No.-445 Year-2024 Thana- NARHATT District- Nawada ====================================================== Amirak Rajvanshi S/O Late Jhari Rajvanshi Resident Of Village- Hasanpura, P.S.- Narhat, District-Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj, Advocate For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 02-04-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Narhatt P.S. Case no.445 of 2024 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, a secret information having been received that the petitioner is involved in the business of liquor, the police party conducted raid and 24 liters of country made liquor was recovered from the house of the petitioner. On seeing police personnel, one lady, namely, Kranti Devi was trying to conceal the illicit liquor. So far as it would appear that one person was seen flying away from the said place of occurrence and the local chowkidar has identified him to be

Patna High Court CR. MISC. No.16750 of 2025(2) dt.02-04-2025 2/3 the petitioner herein.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No recovery has been made from the conscious possession of the petitioner and the recovery has been shown from his house which is a joint family property and the petitioner has no knowledge as to whom the concerned liquor belongs. Learned counsel for the petitioner further submits that no independent witness is there on the seizure list further indicating violation of mandatory provisions of the B.N.N.S. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Considering the fact that the alleged recovery has made from the house of the petitioner which is a joint family property and the petitioner has no criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Narhatt P.S. Case no.445 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.16750 of 2025(2) dt.02-04-2025 3/3 Exclusive Special Excise Court-I, Nawada, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that he shall co-operate in investigation/trial.

(Soni Shrivastava, J) Harsh/- U T