Raju Darbey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16525 of 2025 Arising Out of PS. Case No.-39 Year-2024 Thana- KATORIYA District- Banka ====================================================== Raju Darbey Son of Jairam Darbey Resident of Village- Darbey Patti, P.S.- Katoriya, Distt.- Banka .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandan Prasad,Advocate For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 08-05-2025

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

2. The petitioner apprehends his arrest in connection with Katoriya P.S. Case no.39 of 2024 registered under Section Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 20 liters of country made liquor was recovered in two plastic gallons behind the petitioner's house.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The name of the petitioner has surfaced in this case only on suspicion. There was no independent witness to the seizure list and no recovery has been made from the conscious possession of the petitioner or from his house. The alleged place is an open space which is accessible to everyone. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

Patna High Court CR. MISC. No.16525 of 2025(3) dt.08-05-2025 2/2

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

6. In view of the facts of the case, 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 Katoriya P.S. Case no.39 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 Special Judge Exclusive Excise Court-II, Banka, 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 the learned Court below would however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. (Soni Shrivastava, J) Harsh/- U