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Patna High CourtCR. MISC./65127/2025allowed

Raju Pandey v. The State Of Bihar

2025-10-13Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65127 of 2025 Arising Out of PS. Case No.-83 Year-2025 Thana- SAHARGHAT District- Madhubani ====================================================== Raju Pandey S/o- Ram Prabodh Pandey Village- Pihwara, Ward no 2, PSSaharghat, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jagjit Roshan, Advocate Mr. Anjani Kumar, Advocate Mr. Prashant Raj, Advocate Mr. Jayant Kr. Ray, Advocate For the Opposite Party/s :

Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case instituted under Sections 274, 275, 3(5) of B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is recovery of 225 litres illicit Nepali liquor from the straw house of Ram Babu Singh.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of suspicion. Nothing has been recovered from conscious possession of the petitioner. Petitioner has no concern either with the seized illicit liquor or the place of recovery.

Patna High Court CR. MISC. No.65127 of 2025(2) dt.13-10-2025 2/3 Except secret information, there is no material against the petitioner to implicate him. Petitioner has two criminal antecedents in which he is on bail. Petitioner undertakes to 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 Court concerned, Madhubani in connection with Saharghat P.S. Case No.83 of 2025, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 subject to the following conditions:- (i) The petitioner shall appear on each and every date before the learned Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the learned Trial Court itself; (ii) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence,

Patna High Court CR. MISC. No.65127 of 2025(2) dt.13-10-2025 3/3 failing which the State shall be at liberty to take steps for cancellation of the bail bond;

(iii) The petitioner shall desist from committing any such criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bond. (Sunil Dutta Mishra, J) Harish/- U T