Rajesh Kumar @ Rajesh Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18732 of 2025 Arising Out of PS. Case No.-863 Year-2024 Thana- MANER District- Patna ====================================================== 1.

Rajesh Kumar @ Rajesh Saw Son of Vishal saw @ Visha Sav Resident of village - Hulasi Tola (Hulai Tola), P.S.- Maner, District - Patna 2.

Ranjan Kumar Son of Amir Rai Resident of village - Hulasi Tola (Hulai Tola), P.S.- Maner, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Mishra, Advocate Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-04-2025

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Maner P.S. Case no. 863 of 2024 registered under sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the informant states that on secret information having been received about the accused persons carrying liquor on their vehicles, search was started. Seeing the police personnel, the accused driving the two motorcycles abandoned their vehicles and managed to escape. On search 34.56 litres and 43.2 litres of IMFL was recovered from the two motorcycles and as such the case was registered

Patna High Court CR. MISC. No.18732 of 2025(2) dt.15-04-2025 2/3 against the owners of the two vehicles.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case only for the reason that they happen to be the respective owners of the two vehicles. Contrary to the allegations, no incriminating article was recovered either from the petitioners' possession or from the vehicle in question. The petitioners have no criminal antecedent and undertake to cooperate in the case/trial.

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

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the petitioners who happen to be the respective owners of the two vehicles from which the seizure is said to have taken place, their not having been arrested at the spot and especially none of the petitioners having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that both the petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Maner P.S Case no.863 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.18732 of 2025(2) dt.15-04-2025 3/3 each to the satisfaction of the learned Special Excise Judge, Danapur, District-Patna.

(Partha Sarthy, J) Shiv/- U T