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Patna High CourtCR. MISC./57520/2025allowed

Anil Rajbanshi v. The State Of Bihar

2025-09-25Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57520 of 2025 Arising Out of PS. Case No.-344 Year-2025 Thana- AKBARPUR District- Nawada ====================================================== Anil Rajbanshi S/o Late Arjun Rajbanshi, R/o Village- Jobkala, P.S- Rajauli, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Advocate.

For the Opposite Party/s :

Mr. Prem Kumar Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Sections 30(a)/41 of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of total 175 litre illicit liquor from two motorcycles, out of which 100 litre illicit liquor was recovered from the Splendor motorcycle of petitioner bearing Registration No. BR21-W-3481.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to ulterior motive. He further submits that petitioner is not the owner of any of the seized motorcycles and he has no concern with the alleged seized liquor. Learned counsel submits that petitioner was standing on the road, in the meantime, police forcible caught him and implicated in the present case only on the basis of suspicion. He further submits that no incriminating

Patna High Court CR. MISC. No.57520 of 2025(3) dt.25-09-2025 2/2 article has been recovered from the conscious possession of petitioner. Learned counsel submits that petitioner is in custody since 20.07.2025, having one criminal antecedent of similar nature, in which he is on bail. He further submits that similarly situated co-accused, namely, Dayanand Mushar has been granted regular bail by this Court vide order dated 24.09.2025 passed in Cr. Misc. No.56344 of 2025. Learned counsel submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the investigation and trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned in connection with Akbarpur P.S. Case No.344 of 2025.

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