Bigan Rajbanshi @ Vijay Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30232 of 2025 Arising Out of PS. Case No.-82 Year-2025 Thana- NARHATT District- Nawada ====================================================== Bigan Rajbanshi @ Vijay Rajbanshi S/o Arjun Rajbanshi R/o Village- Rahul Nagar, P.S.- Narhat, Distdrict- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-05-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Narhat P.S.Case No.82 of 2025, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 110 litres of country-made liquor from bamboo orchard.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has committed no offence. The name of the petitioner has been disclosed by the local Chowkidar with whom the petitioner has enmity. The place of recovery is an open place, which is accessible to anyone. The petitioner has clean antecedent.

Patna High Court CR. MISC. No.30232 of 2025(2) dt.15-05-2025 2/2

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner and admits that there is complete failure of prohibition in the State of Bihar.

6. Having considered the rival submissions on behalf of the parties, as well as, considering the nature of allegation made in the FIR, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusvie Special Excise Judge-1st, Nawada in connection with Narhat P.S.Case No.82 of 2025, subject to the condition as laid down under Section 482(2) of BNSS.

7. 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 Para3 of the bail petition, this order will automatically lose its force. (Purnendu Singh, J) chn/- U T