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Patna High CourtCR. MISC./63745/2025bail granted

Sanjay Rajbanshi @ Sanjay Rajvanshi v. The State Of Bihar

2025-09-24Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63745 of 2025 Arising Out of PS. Case No.-407 Year-2025 Thana- HISUWA District- Nawada ====================================================== 1.

Sanjay Rajbanshi @ Sanjay Rajvanshi S/o Kaman Rajbanshi R/o VillageMajhwe Indranagar, P.S.- Hisua, Distt- Nawada 2.

Fantush Ranbanshi @ Nitish Kumar S/o Sanjay Rajbanshi R/o VillageMajhwe Indranagar, P.S.- Hisua, Distt- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-09-2025 Heard the parties.

2. The petitioners are apprehending their arrest in connection with Hisuwa P.S. Case No. 407 of 2025 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act lodged on 12.07.2025 by the informant, Ravi Kumar Singh.

3. As per the prosecution story, the Police on secret information and during patrolling raided the house of the petitioner and recovered eight liters of country made liquor. This led to the FIR.

4. Learned counsel for the petitioners submit that it is a joint house, accessible to everyone and both have no criminal antecedent.

Patna High Court CR. MISC. No.63745 of 2025(2) dt.24-09-2025 2/3

5. Learned APP opposes the prayer.

6. Taking into account the submissions of the parties as also that the petitioners do not have criminal antecedent, in that background, this Court is inclined to extend them the privilege of anticipatory bail with conditions.

7. If, however, it is found that contrary to the statement made in paragraph-3, the petitioners have criminal antecedent, the present order shall become infructuous.

8. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Court-1, Nawada in connection with Hisuwa P.S. Case No. 407 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;

(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their

Patna High Court CR. MISC. No.63745 of 2025(2) dt.24-09-2025 3/3 bail bond by the Trial Court itself;

(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark their attendance;

(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Adnan/- U T