Rakesh Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86674 of 2025 Arising Out of PS. Case No.-604 Year-2025 Thana- Excise P.S. District- Sitamarhi ====================================================== Rakesh Jha Son of Devendra Jha Resident of Village - Narsama, Ward No.- 10, P.S.- Riga, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dwij Raj, Advocate For the Opposite Party/s :

Mr.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Sitamarhi Excise P.S. Case No. 604 of 2025 registered for the offence under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, the recovery is of total 162.96 litre of IMFLof Royal Stag, Royal Challenge and other brands in different bottles and in different quantity.

4. It has been submitted by the learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in this case. It is next submitted that petitioner was not caught on the spot.

5. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.86674 of 2025(3) dt.22-12-2025 2/2 the petitioner is ready to donate Rs. 25,000/- in some charitable organization without accepting his guilt.

6. Considering the aforesaid facts, this application is allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the concerned Court below within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Special Judge, Exclusive Excise Court No. II, Sitamarhi/ concerned Court below in connection with Sitamarhi Excise P.S. Case No. 604 of 2025, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482 of the BNSS.

8. This is also subject to the condition that the petitioner shall deposit an amount of Rs. 25,000/- in Ramkrishna Mission Ashrama, Bela, Muzaffarpur and produce the receipt of the same before the Court below. The bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by the petitioner. (Sandeep Kumar, J) tusharika/- U T