Rajesh Kumar Singh @ Rajesh Kumar Gautam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88468 of 2025 Arising Out of PS. Case No.-482 Year-2025 Thana- DEHRI TOWN District- Rohtas ====================================================== Rajesh Kumar Singh @ Rajesh Kumar Gautam S/o Late Dinesh Sah @ Late Dinesh Singh Resident of Ward No. 20, NH-2, Kalimandir, Diliyan, P.S.- Dehri, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Singh For the State :
Mr. Son Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 22-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Dehri(Nagar) P.S. Case No. 482 of 2025, F.I.R dated 02.11.2025 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
3. As per the prosecution case, on the basis of a typed application submitted by S.I. Sanjay Vikash Tripathi, S.H.O., Dehri Police Station, an FIR was registered. It is alleged that on 01.11.2025, while on patrolling duty, the informant received secret information at about 11:40 PM regarding storage and distribution of a huge quantity of liquor in the garage of Niraj
Patna High Court CR. MISC. No.88468 of 2025(2) dt.22-12-2025 2/3 Vishwakarma at Daliya. Acting on the information, the police reached the said place where several persons were allegedly present but fled away taking advantage of darkness. Thereafter, a search of the alleged place of occurrence was conducted, resulting in the recovery of 716.5 liters of liquor along with two four-wheelers and three motorcycles, for which a seizure list was prepared.
4. Learned counsel for the petitioner submits that the recovery is said to have been made from the garage of Niraj Vishwakarma of which the petitioner is not owner. The name of the petitioner has transpired in this case merely because the motorcycle which is a part of the seizure are found lying in the garage. It is next submitted that petitioner has clean antecedent.
5. Learned APP for the State opposes the prayer for anticipatory bail application.
6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the constructive possession and / or premises belonging to the petitioner, and the petitioner has clean antecedent, accordingly, this Court is inclined to grant anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on
Patna High Court CR. MISC. No.88468 of 2025(2) dt.22-12-2025 3/3 anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Ward No. 1, Rohtas at Sasaram in connection with Dehri(Nagar) P.S. Case No. 482 of 2025 subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023.
(Ajit Kumar, J) abhishekkr/- U T