Patna High CourtCR. MISC./57904/2025allowed

Rajesh Nut v. The State Of Bihar

2025-09-15Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57904 of 2025 Arising Out of PS. Case No.-156 Year-2024 Thana- MALAHI District- East Champaran ====================================================== Rajesh Nut S/o Late Amar Nut R/o Village - Sirni Nut Tola, P.S - Malahi, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subodh Kumar Barnwal, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 60 litres country made liquor has been recovered from a hut of the petitioner. Petitioner is alleged to have fled away from the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of suspicion. Nothing has been recovered from conscious possession of the petitioner. The alleged recovery has been made from a hut made of straw which does not belong to the petitioner. Petitioner has no concern with the seized illicit liquor. Petitioner has no criminal antecedent and he undertakes

Patna High Court CR. MISC. No.57904 of 2025(2) dt.15-09-2025 2/2 to cooperate in the investigation and the 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 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Court No.1, East Champaran, Motihari in connection with Malahi P.S. Case No.156 of 2024, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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