Sadanand Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68800 of 2025 Arising Out of PS. Case No.-377 Year-2022 Thana- Excise P.S. District- Rohtas ====================================================== Sadanand Rai S/o Ramchandra Rai, R/o Village- Takiya Patel Nagar, P.S.- Sasaram (T) , Dist.- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Singh, Advocate.

For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, 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 registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 20 litre country made liquor from a E-rickshaw bearing Registration No. BR-24ER-0737 which belongs to the petitioner. It is alleged that co-accused Anil Kumar was apprehended on the spot who was driving the said vehicle.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to being the registered owner of the E-rickshaw which was given on monthly rent and he had no knowledge about the misuse of the said E-rickshaw by the co-accused. He further

Patna High Court CR. MISC. No.68800 of 2025(2) dt.13-10-2025 2/3 submits that petitioner was not present on the spot and no incriminating article has been recovered from his conscious possession. Learned counsel submits that petitioner has no concern with the alleged seized liquor. He further submits that there is no independent witness to the seizure list. Learned counsel submits that petitioner has two criminal antecedents of the year 2017, in which he is on bail and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Rohtas at Sasaram in connection with Excise Case No.897 of 2022 arising out of Excise P.S. Case No.377 of 2022, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with further following conditions:- (i) Bailors should be local having sufficient

Patna High Court CR. MISC. No.68800 of 2025(2) dt.13-10-2025 3/3 immovable property within the jurisdiction of the Court concerned.

(ii) 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 bonds by the learned Trial Court. (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 bonds. (Sunil Dutta Mishra, J) Ritik/- U T