Rajiv Kumar @ Rajeev Rai @ Rajiv Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57999 of 2025 Arising Out of PS. Case No.-108 Year-2025 Thana- PARSAUNI District- Sitamarhi ====================================================== Rajiv Kumar @ Rajeev Rai @ Rajiv Yadav Son of Police Ray R/o Village - Bhagwanpur, P.S. - Parsauni, Dist. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-09-2025 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, total 144 litres illicit liquor was recovered from a thatched hut where husk was kept.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to dirty village politics. Nothing has been recovered from conscious possession of the petitioner. Petitioner has no concern with the seized illicit liquor. The alleged recovery has been made from a thatched hut where straw/husk was stored. The said hut does not belong to the petitioner. There is no independent witness of the seizure list. Petitioner undertakes to

Patna High Court CR. MISC. No.57999 of 2025(2) dt.16-09-2025 2/2 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 Exclusive Special Excise Court-2, Sitamarhi in connection with Parsauni P.S. Case No.108 of 2025, 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