Moti Rajwar @ Motilal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29319 of 2026 Arising Out of PS. Case No.-322 Year-2025 Thana- TILAUTHU District- Rohtas ====================================================== MOTI RAJWAR @ MOTILAL RAM Son of Late Ramdeni Rajwar @ Ramdeni Ram Resident of Village - Koidih, P.S.- Tilauthu, District - Rohtas, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ujjwal Kumar Singh For the Opposite Party/s :

Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-05-2026

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Tilauthu Police Station Case No. 322 of 2025, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. As per prosecution case, 200 liters illicit liquor kept in sack and one motorcycle bearing Reg. No. BR26-B0870 in which some sack were tied, were recovered from place of occurrence. Local chowkidar disclosed that petitioner along with two other co-accused persons fled away from the spot.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due

Patna High Court CR. MISC. No.29319 of 2026(2) dt.07-05-2026 2/3 to village rivalry and political animosity. Petitioner has been made accused merely on the basis of disclosure of his name made by the local chowkidar and co-villagers. The petitioner is neither the owner of the seized motorcycle nor the seized liquor. It is next submitted that the petitioner was neither present at the place of occurrence nor apprehended from the spot. It is next submitted that no incriminating material or legal evidence has been collected during investigation to establish his involvement in the alleged offence. He further submits that similarly situated person has been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 22.04.2026 in Cr. Misc. No. 26077 of 2026.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that similarly situated person has been granted anticipatory bail by a Co-ordinate Bench of this Court, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.29319 of 2026(2) dt.07-05-2026 3/3 each to the satisfaction of learned Exclusive Special Judge, Excise.-2, Sasaram, Rohtas, in connection with Tilauthu Police Station Case No. 322 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.

(Anil Kumar Sinha, J) HarshPandey/- U T