Uttam Rajbanshi @ Uttam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56943 of 2025 Arising Out of PS. Case No.-76 Year-2025 Thana- HISUWA District- Nawada ====================================================== Uttam Rajbanshi @ Uttam Kumar S/o- Jago Rajvanshi, Resident of villageKhanpur, P.O.- Chhatiahr, P.S.-Hisua District- Nawada, Bihar....... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saurav Barial, Advocate For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Hisua P.S. Case No. 76 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 8 liters of country made liquor and 120 liters of Mahua solution.

4. It is submitted by learned counsel appearing on behalf of the petitioner that as per seizure list the recovery of illicit liquor was made from house of the petitioner which is occupied by different adult family members. It is submitted that in view of

Patna High Court CR. MISC. No.56943 of 2025(2) dt.22-08-2025 2/3 aforesaid it can't be said that recovery of alleged illicit liquor was made from the physical possession of this petitioner. It is also pointed out that the compliance of 100(3) of BNSS not appears to be followed in present case, making entire search and seizure doubtful on its face. While concluding argument, it is submitted that petitioner found involved in one more criminal case, where he is on bail.

5. Learned APP opposed the prayer of bail.

6. In view of aforesaid factual submission and by taking note of fact as, recovery of illicit liquor prima-facie not appears to be made from the conscious physical possession of this petitioner, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing 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 Excise Court-I, Nawada/ concerned Court, where the case is pending in connection with Hisua P.S. Case No. 76 of 2025, subject to the conditions as laid down under Section 482(2) of BNSS, subject to further condition:- "(i) That petitioner shall not involve in the similar nature of offence

Patna High Court CR. MISC. No.56943 of 2025(2) dt.22-08-2025 3/3 till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner."

(Chandra Shekhar Jha, J) veena/- U T