Rajbali Raj @ Rambali Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60625 of 2025 Arising Out of PS. Case No.-195 Year-2025 Thana- EXCISE SHERGHATI District- Gaya ====================================================== 1.

Rajbali Raj @ Rambali Raj, S/O Ambika Prasad, R/O Village- Teswar, P.S.- Mohanpur, Distt.- Gaya.

2.

Amresh Kumar @ Gorelal, S/O Ambika Prasad, R/O Village- Teswar, P.S.- Mohanpur, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek regular bail in a case registered under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of total 210.645 litres of Indian made foreign liquor from the joint house of the petitioners.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. They are not the owner of the joint house property from which recovery has been made. They have no concern with the

Patna High Court CR. MISC. No.60625 of 2025(2) dt.18-09-2025 2/3 seized liquor. Nothing incriminating was recovered from the conscious possession of the petitioners. They had no knowledge about the seized liquor kept in the joint house. Petitioner no. 1 has two criminal antecedents, however, petitioner no. 2 has one criminal antecedent of similar nature. There is no compliance of provision under Section 103 of the BNSS. They are in custody since 27.06.2025. Charge-sheet has already been submitted and there is no chance of absconding the petitioners or tampering with the prosecution evidence. Petitioners undertake to cooperate in the trial of the case.

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

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, period of custody, let the petitioners, 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 Exclusive Special Excise Court No. 3, Gaya, in connection with Excise Sherghati P.S. Case No. 195 of 2025, subject to the following conditions:-

(1) The petitioners shall appear on each and every date before the Trial Court and failure to do so for two

Patna High Court CR. MISC. No.60625 of 2025(2) dt.18-09-2025 3/3 consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself.

(2) Petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

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