Rajan Kumar @ Rajan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21315 of 2026 Arising Out of PS. Case No.-106 Year-2025 Thana- JITNA District- East Champaran ====================================================== Rajan Kumar @ Rajan Yadav Son of Rambabu Rai Resident of Village - Champapur, P.S.- Ghorasahan, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s :

Ms.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-04-2026 Heard Mr. Ajay Kumar Singh, learned counsel appearing on behalf of the petitioner and Ms. Indu Kumari Srivastava , learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Jitna P.S. Case No. 106 of 2025 registered for the offence punishable under Section 30(a) and 41(1) of the Bihar Prohibition and Excise Act, as amended upto date.

3. As per the allegation made in the FIR, on a secret information, the police intercepted a car and motorcycle carrying illicit liquor, apprehended two accused while others fled, and upon search recovered 180 litres and 9 litres of Nepali liquor from the respective vehicles.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been

Patna High Court CR. MISC. No.21315 of 2026(2) dt.16-04-2026 2/3 falsely implicated in the case. The alleged recovery of Nepali liquor has no connection with the petitioner, and his name has surfaced only on the basis of disclosure made by the apprehended co-accused persons. The petitioner was neither arrested from the spot nor any recovery has been made from his conscious possession, and he is neither the owner nor the driver of the alleged vehicle. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.

6. Having heard the rival submissions made on behalf of the parties, as well as, having considered the allegations made in the FIR and the materials available on record, including the fact that the petitioner has not been apprehended at the place of occurrence, no recovery has been made from his conscious possession, and his name has surfaced only on the basis of disclosure made by the co-accused persons, I am of the opinion that the petitioner has, prima facie, made out a case to be released on anticipatory bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks

Patna High Court CR. MISC. No.21315 of 2026(2) dt.16-04-2026 3/3 from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District Court where the case is pending/successor court in connection with Jitna P.S. Case No. 106 of 2025, subject to the condition as laid down under Section 438(2) of the Cr.P.C./482 of the BNSS.

8. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.

(Purnendu Singh, J) Ashishsingh/- U T