Bigu Rajwad @ Bigu Ram @ Bigu Rajwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69512 of 2025 Arising Out of PS. Case No.-131 Year-2025 Thana- NOKHA District- Rohtas ====================================================== Bigu Rajwad @ Bigu Ram @ Bigu Rajwar S/o Dhari Rajwad @ Dhari Rajwar @ Dhari Ram, Resident of Village- Mani West Tola Tilauthu, P.S.- Nokha, Distt- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Singh, Advocate.

For the Opposite Party/s :

Mrs. Asha Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-10-2025 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), (c), (d) of the Bihar Prohibition & Excise Act.

3. There is recovery of 5 litre country made Mahua liquor from the bamboo garden kept in a plastic container. It is alleged that petitioner alongwith co-accused managed to flee away from the spot on seeing the police team.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case with ulterior motive. He further submits that petitioner has no concern with the seized liquor. Learned counsel submits that no incriminating article has been recovered from the conscious possession of petitioner. He further submits that seizure list has not been prepared in accordance with mandatory provisions of

Patna High Court CR. MISC. No.69512 of 2025(2) dt.09-10-2025 2/2 law as there is no independent witness to the seizure list. Learned counsel submits that similarly situated co-accused had already been granted anticipatory bail by this Court vide order dated 30.07.2025 passed in Cr. Misc. No.46367 of 2025. He further submits that petitioner is a old person of 61 years who has one criminal antecedent of similar nature and he undertakes to co-operate in the investigation and 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 submission 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 upon furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned in connection with Nokha P.S. (Sisirita O.P.) Case No. 131 of 2025, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J) Ritik/- U T