Patna High CourtCR. MISC./36227/2025bail granted

Rajesh Rajbanshi @ Rajesh Ram v. The State Of Bihar

2025-06-20Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36227 of 2025 Arising Out of PS. Case No.-111 Year-2025 Thana- RAJAOLI District- Nawada ====================================================== Rajesh Rajbanshi @ Rajesh Ram S/o Late Kalo Rajbanshi R/o Vill.- Dhamaul Tole, Udaipur, P.S.- Rajauli, Dist.- 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.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Rajauli P.S. case No. 111 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Earlier, the petitioner has moved this Court for grant of anticipatory bail which was dismissed as withdrawn by a Coordinate Bench of this Court vide order dated 01.05.2025 passed in Cr. Misc. No. 24480 of 2025.

4. The prosecution case, in short, is that 260 liters liquor was recovered from bag near government toilet.

5. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.36227 of 2025(2) dt.20-06-2025 2/3 the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that recovery is made near the public toilet which is an open place accessible to one and all. The petitioner is in custody since29.04.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023. Co-accused has been granted bail by this Bench vide order dated 23.04.2025 passed in Cr. Misc. No. 24798 of 2025.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rajauli

Patna High Court CR. MISC. No.36227 of 2025(2) dt.20-06-2025 3/3 P.S. case No. 111 of 2025.

(Rudra Prakash Mishra, J) Pankaj/- U T