Golu Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66634 of 2025 Arising Out of PS. Case No.-173 Year-2025 Thana- MESKAUR District- Nawada ====================================================== Golu Rajbanshi S/O Lalo Rajvanshi Resident of Village- Jehali Bigha, P.S.- Fatehpur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Nandan Prasad, Adv.

For the Opposite Party/s :

Mr.Nitya Nand Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Meskaur P.S. Case No. 173 of 2025, registered for the offences under Section 30(a), 41 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, petitioner was apprehended and from his motorcycle recovery of 100 litre of country made chulai liquor was made.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits that nothing incriminating has been recovered from the

Patna High Court CR. MISC. No.66634 of 2025(2) dt.24-09-2025 2/3 conscious possession of the petitioner. The petitioner is neither the owner nor was a pillion on the motorcycle seized by the police and since recovery has been shown from the motorcycle, it falsifies the allegation against the petitioner. There is noncompliance of Section 103 of the BNSS. The petitioner is having clean antecedent and he is in custody since 17.08.2025.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the period of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-1, Nawada/concerned court, in connection with Meskaur P.S. Case No. 173 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court

Patna High Court CR. MISC. No.66634 of 2025(2) dt.24-09-2025 3/3 below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Anuradha/- U T