Vikash Rajbanshi @ Vikash Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86241 of 2024 Arising Out of PS. Case No.-167 Year-2024 Thana- RAJAOLI District- Nawada ====================================================== Vikash Rajbanshi @ Vikash Ram S/O Ramswaroop Ram R/o VillagePatluka, P.S.- Akbarpur, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Advocate.

For the Opposite Party/s :

Mr.Nand Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-01-2025 Heard Mr. Birendra Kumar, learned counsel appearing on behalf of the petitioner and Mr. Nand Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Rajauli P.S. Case No. 167 of 2024 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act as amended up-to-date.

3. As per the allegation made in the FIR, altogether 36 litres of country-made liquor along with 2000 litres of raw ingredients for use of manufacturing of illicit liquor, was recovered from a bush near Jobkala village forest area.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case due to local village politics. Petitioner has no

Patna High Court CR. MISC. No.86241 of 2024(2) dt.17-01-2025 2/3 concern with the seized liquor nor he is involved in trade or manufacturing of illicit liquor in any manner. The place of recovery is an open place which is easily accessible to anyone. Petitioner has one criminal antecedent, in which he is on bail. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner and submits that due to sale and consumption of illicit liquor, day after day, hooch tragedy occurs and the State Officials of different department appears to have facilitated smuggling and trade of illicit liquor inside the State of Bihar. As such, involvement of the petitioner cannot be ruled out from illicit trade of liquor.

6. Considering the allegation made in the FIR, as well as, the fact that 36 litres of country made liquor was recovered from a bush, which is an open place and easily accessible to any one, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.86241 of 2024(2) dt.17-01-2025 3/3 satisfaction of learned Exclusive Special Excise Judge-II, Nawada, in connection with Rajauli P.S. Case No. 167 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force. (Purnendu Singh, J) mantreshwar/- U T