Rambyas @ Rambyas Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61954 of 2025 Arising Out of PS. Case No.-94 Year-2025 Thana- ADAPUR District- East Champaran ====================================================== Rambyas @ Rambyas Prasad Son of Nagendra Prasad @ Nagendra Ray R/o Village - Bhawanipur, P.S.- Darpa, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raki Alam, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail arises out of Adapur Police Station Case No. 94 of 2025, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, as per the First Information Report in brief, is that on 19.03.2025, during vehicle check at Dhabadhabwa more, two persons riding on a motorcycle, attempted to flee upon noticing the police vehicle. However, upon chase, one person was apprehended who disclosed his name as Manoj Kumar and also disclosed the name of fled away person as Rambyas (petitioner). On search of the motorcycle bearing Registration No. BR05B4976, total 12 liters of Nepali country-made liquor was
Patna High Court CR. MISC. No.61954 of 2025(2) dt.24-09-2025 2/3 recovered.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case on the basis of disclosure made by apprehended co-accused, namely, Manoj Kumar who has inimical relation with the petitioner. On mere perusal of the FIR, it is evident that the said liquor was recovered from the apprehended co-accused, namely, Manoj Kumar. Nothing has been recovered from the conscious physical possession or vehicle of the petitioner. Petitioner is having no criminal antecedent.
5. Having regard to the submissions made by the parties and taking into consideration the justification given by the petitioner and the fact that nothing has been recovered from the conscious physical possession or vehicle of the petitioner and the petitioner is having no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four
Patna High Court CR. MISC. No.61954 of 2025(2) dt.24-09-2025 3/3 weeks, 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 No. 02, East Champaran at Motihari, in connection with Adapur Police Station Case No. 94 of 2025, subject to the condition laid down under Section 482 (2) of the B.N.S.S.
(Anil Kumar Sinha, J) Siwani/- U T