Santosh Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1570 of 2024 Arising Out of PS. Case No.-348 Year-2023 Thana- ROH District- Nawada ====================================================== Santosh Rajbanshi SON OF KARU RAJBANSHI RESIDENT OF VILLAGE- AJAY NAGAR, PS- RUPO, DIST- 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 :

Mrs.Rina Sinha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 31-01-2024 Heard Mr. Birendra Kumar, learned counsel appearing on behalf of the petitioner and Mrs. Rina Sinha, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Roh P.S. Case No. 348 of 2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Allegation is of recovery of 11 litres of country made liquor from a bag lying on the road.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been falsely implicated in the case. He has no concern either with the seized liquor or trade of liquor in any manner. The place of recovery is an open place which is accessible to anyone. The

Patna High Court CR. MISC. No.1570 of 2024(2) dt.31-01-2024 2/2 name of the petitioner has surfaced in the case on the disclosure made by the local chaukidar due to enmity. The petitioner has clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made against the petitioner and the recovery is from an open place which is accessible to anyone, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-II, Nawada in connection with Roh P.S. Case No. 348 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The court below 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