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Patna High CourtCR. MISC./21593/2025allowed

Rajeev Ranjan @ Chhoti Mahto v. The State Of Bihar

2025-04-29Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21593 of 2025 Arising Out of PS. Case No.-281 Year-2024 Thana- SARMERA District- Nalanda ====================================================== Rajeev Ranjan @ Chhoti Mahto Son of Late Ramlakhan Prasad village- Bari Misiyan, Ps- Sarmera, Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Sarmera P.S. Case No.281 of 2024 instituted under Section 30(a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, 32.25 litres of foreign liquor was seized from the house of the petitioner and his brother.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to enmity with his brother. The petitioner was not present at the place of occurrence at that time. The petitioner is living separately from his brother after separation and he has no concern with the house from where the illicit liquor was

Patna High Court CR. MISC. No.21593 of 2025(2) dt.29-04-2025 2/2 recovered. Learned counsel further submits that except the confessional statement of co-accused there is no material against the petitioner. Learned counsel lastly submits that the petitioner has one criminal antecedent in which final form has already been submitted against him which has been accepted and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned 4th Additional Sessions Judge-cum-Special Judge Excise-II, Nalanda at Biharsharif in connection with Sarmera P.S. Case No.281 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) tusharika/- U T