Raja Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46233 of 2025 Arising Out of PS. Case No.-191 Year-2025 Thana- Excise P.S. District- Siwan ====================================================== Raja Patel S/O Salendar Prasad, Resident of Village- Ramnagar, PS- Siwan Town, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Anzarul Haque Sahara, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Sections 30(a) and 32(3) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 26.250 litres of illicit liquor from the scooty of the petitioner. Two persons apprehended on the spot namely, Ayush Kumar Singh and Sanjit Kumar Yadav.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case being the registered owner of the seized vehicle. Further submission is that on the alleged date of occurrence, the vehicle in question was taken by co-accused Sanjit Kumar Yadav for going to his relatives who are living in Uttar Pradesh and

Patna High Court CR. MISC. No.46233 of 2025(4) dt.13-10-2025 2/2 without knowledge and consent of the petitioner, his vehicle was being used for transportation of illicit liquor. It is submitted that petitioner has no concern with the seized illicit liquor and nothing has been recovered from the conscious possession of the petitioner. Petitioner has one criminal antecedent which is not of the similar nature. Petitioner undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Siwan Excise P.S. Case No. 191 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) utkarsh/- U T