Rajendra Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35105 of 2026 Arising Out of PS. Case No.-303 Year-2025 Thana- Excise P.S. District- Kishanganj ====================================================== Rajendra Mehta, S/o Bindeshwari Prasad Mehta ,R/o Village - Ranipatra, PS - Chandi, Kathwa, District - Purnea.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Mishra, Advocate :

Mr. Anirudh Mishra, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is not named in the FIR and apprehending his arrest in connection with Excise P.S. Kishanganj Case No.303 of 2025 registered under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit contraband, where there is recovery of 295 litres of Codeine Syrup.

4. It is submitted by learned counsel appearing for the petitioner that the alleged recovery was made from a

Patna High Court CR. MISC. No.35105 of 2026(3) dt.29-06-2026 2/3 Tempo bearing Registration No. BR37AF-4983. It is initially submitted that the present case was instituted under the provisions of the Excise Act and not under the NDPS Act. It is further submitted that the petitioner's name has been surfaced in the present case solely on the ground that he is the registered owner of the alleged vehicle, and not on the basis of any material demonstrating his conscious possession, involvement or complicity in the alleged offence. It is further submitted that the seizure list appears doubtful being not supported by independent witnesses rather than by police personnel. The petitioner claimed clean antecedent.

5. Learned APP opposed the prayer of anticipatory bail to the petitioner.

6. In view of aforesaid factual submissions and by taking of note of fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, accordingly, the petitioner above-named, who is a man of clean antecedent, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing

Patna High Court CR. MISC. No.35105 of 2026(3) dt.29-06-2026 3/3 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 Judge, Excise-II, Kishanganj in connection with Excise P.S. Kishanganj Case No.303 of 2025, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS. (Chandra Shekhar Jha, J.) Raushan/- U T