Dwarika Rajvanshi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33324 of 2025 Arising Out of PS. Case No.-83 Year-2025 Thana- ROH District- Nawada ====================================================== Dwarika Rajvanshi S/o Lakhan Rajbanshi, R/o village - Bhupesh Nagar, P.SRoh, Distt.- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Nandan Prasad, Advocate For the Opposite Party/s :
Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 26-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Roh P.S. Case No. 83 of 2025 dated 10.03.2025 instituted for the offences punishable under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 15 litres of illicit country made liquor was recovered from a jerrycan in the village Bhueshnagar Pahari on the Badakol Jharna.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case merely on the basis of suspicion. The allegation levelled in the FIR is false and fabricated and petitioner has committed no
Patna High Court CR. MISC. No.33324 of 2025(2) dt.26-05-2025 2/3 such offence as alleged in the FIR. Petitioner was not arrested from the spot and nothing has been recovered form the conscious possession and petitioner has no concern with the alleged recovery. Petitioner is in custody since 26.03.2025. He lastly submits that after completion of investigation, chargesheet has been submitted against the petitioner.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. Having heard the learned counsel for the parties and considering the facts and circumstances of the case as well as petitioner's period under custody, this Court is inclined to enlarge the petitioner on bail after framing of charge, if not framed as yet. Accordingly, let the petitioner, above-named, be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-II, Nawada, in connection with Roh P.S. Case No. 83 of 2025, on further conditions:
(i) One of the bailors should be close relative of the petitioner.
(ii) Petitioner shall cooperate in the trial and shall be present on each and every fixed date and on his absence on
Patna High Court CR. MISC. No.33324 of 2025(2) dt.26-05-2025 3/3 two consecutive dates without sufficient reason, his bail bond may be cancelled by the learned trial Court.
(S. B. Pd. Singh, J) Shahnawaz/- U T