Rajdeo Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32245 of 2026 Arising Out of PS. Case No.-133 Year-2026 Thana- HARSIDHI District- East Champaran ====================================================== Rajdeo Prasad S/o Ramchandra Prasad @ Ramchandra Bhagat R/o Village - Harpur Rai, P.S.- Harsidhi, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manjeet Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-05-2026 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Harsidhi P.S. Case No. 133 of 2026, registered for the offence under Section 30(a) of the Bihar Prohibition & Excise Act (Amendment) Act, lodged on 03.03.2026 by the informant, Paras Nath Choudhary.
3. As per the prosecution story, police on secret information reached the corn field there is recovery of 10 litres of illicit country made liquor. The local Chowkidar gave the name of this petitioner. This led to the FIR.
4. Learned counsel for the petitioner submit that recovery of illicit liquor is not from conscious possession of the petitioner rather it was recovered from corn field.
5. Learned APP opposes the prayer and submitting
Patna High Court CR. MISC. No.32245 of 2026(2) dt.13-05-2026 2/3 that local Chowkidar has gave the name of this petitioner.
6. Considering the submissions of the parties, nothing has been recovered from the conscious possession of the petitioner and he has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise Court No. 1, East Champaran, Motihari, in connection with Harsidhi P.S. Case No. 133 of 2026, subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document (Aadhar Card/Voter Id/Driving License /Pan Card) to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;
(iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.32245 of 2026(2) dt.13-05-2026 3/3 dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned police station every month for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds; (v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) Ranjeet/- U T