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Patna High CourtCR. MISC./59323/2025allowed

Rajan Singh v. The State Of Bihar

2025-09-11Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59323 of 2025 Arising Out of PS. Case No.-378 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== Rajan Singh Son of Laldev Singh Resident of Village - Fulwar, P.S.- Banjariya, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in a case registered under Sections 274/275 of B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is recovery of 70 litres country made liquor from the bank of Tilawy river. Petitioner was arrested on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing has been recovered from conscious possession of the petitioner. Petitioner has no concern either with the seized liquor or the place of recovery. The petitioner is a local villager and while he was roaming there, the police arrested him. The

Patna High Court CR. MISC. No.59323 of 2025(2) dt.11-09-2025 2/2 alleged recovery has been made from the bank of Tilawy river which is open place accessible to public at large. Petitioner has two criminal antecedents of similar nature in which he is on bail. Petitioner is in jail since 06.07.2025 and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case, the submissions of the parties and period of custody, let the above named petitioner 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 Exclusive Special Excise Court No.1, East Champaran at Motihari in connection with Banjariya P.S. Case No.378 of 2025. (Sunil Dutta Mishra, J) Harish/- U T