Baru @ Biru Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31881 of 2024 Arising Out of PS. Case No.-370 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== Baru @ Biru Rajbanshi, son of Laljeet Rajbanshi, resident of Village - Job, P.S. - Rajouli, District - Nawada.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mrs.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-07-2024 Heard learned counsel appearing on behalf of the petitioner and Mrs. Asha Devi, learned A.P.P. for the State.

2. The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Rajauli P.S. Case No. 370 of 2021 registered for the offences punishable under Sections 30(a)(d)/41 of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 45 litres of IMFL/country made liquor.

4. Learned counsel appearing on behalf of the petitioner submitted that the recovery of alleged illicit liquor

Patna High Court CR. MISC. No.31881 of 2024(2) dt.12-07-2024 2/3 appears to be made from an open place i.e., graveyard, which is easily accessible by general public. It is also submitted that petitioner is a man of clean antecedent. While concluding the argument learned counsel submitted that similarly situated co-accused namely Alakhdeo Yadav has granted anticipatory bail by learned Co-ordinate Bench of this Court through Cr. Misc. 25081 of 2023 vide order dated 19.05.2023.

5. Learned A.P.P. appearing on behalf of the State, opposes the prayer for anticipatory bail.

6. In view of the facts and circumstances as mentioned above as recovery of illicit liquor is made from an open place i.e., graveyard and not from the conscious physical possession of this petitioner, accordingly the petitioner above named, in the event of his arrest or surrender before the learned trial court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-2, Nawada/concerned

Patna High Court CR. MISC. No.31881 of 2024(2) dt.12-07-2024 3/3 court in connection with Rajauli P.S. Case No. 370 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J.) Rajeev/- U T