Raj Kishor Singh @ Raj Kishor Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69630 of 2025 Arising Out of PS. Case No.-140 Year-2025 Thana- CHARPOKHARI District- Bhojpur ====================================================== 1.

Raj Kishor Singh @ Raj Kishor Yadav, S/o Late Lal Singh R/o VillageMarahi Tola, Thakuri, P.S.- Charpokhari, District- Bhojpur, Bihar- 802207 2.

Anil Kumar Yadav @ Anil Kumar, S/o Harishankar Singh R/o VillageMarahi Tola, Thakuri, P.S.- Charpokhari, District- Bhojpur, Bihar- 802207 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ritik Shah, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Charpokhri P.S. Case No. 140 of 2025, instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. On getting secret information regarding selling of illicit liquor by the accused persons including the petitioners in the farm of co-accused Niwas Yadav, police party reached there and recovered 30 litres country made liquor. Petitioners along with other co-accused persons are alleged to have fled away from the spot.

Patna High Court CR. MISC. No.69630 of 2025(2) dt.13-10-2025 2/3

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case at the instance of Mahal Chaukidar. Petitioners were not present on the spot. Nothing has been recovered from the conscious possession of the petitioners. Recovery has been made from an open place. Petitioners have no concern with the seized liquor. There is no independent witness to the seizure-list. Petitioners have no criminal antecedent. They undertake to cooperate in the investigation and trial. Similarly situated coaccused, namely, Niwas Yadav @ Sriniwas Singh has been granted anticipatory bail by this Court vide order dated 07.10.2025 passed in Cr. Misc. No. 67740 of 2025.

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

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 Petitioners, above-named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-I, Bhojpur, Ara in connection with Charpokhri P.S. Case No. 140

Patna High Court CR. MISC. No.69630 of 2025(2) dt.13-10-2025 3/3 of 2025, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023. (Sunil Dutta Mishra, J.) rakhi/- U T