IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14149 of 2025 Arising Out of PS. Case No.-658 Year-2024 Thana- PIRBAHOR District- Patna ====================================================== Rajesh Rai Son of Vijay Rai Resident of Mohalla- Musallahpur, Kargil Gali, P.S.- Pirbahore, District- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravi Nandan, Advocate For the Opposite Party/s : Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 3 14-05-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 3. As per the prosecution case, the recovery is of 164 liters of illicit country made liquor from a thatched house (karkatnuma house) which has been stated by the local villagers to be that of the petitioner. 4. Learned counsel for the petitioner submits that no recovery has been made from the physical and conscious possession of the petitioner and the petitioner is not the owner of the karkatnuma house which has been mentioned in the First Information Report. He further submits that the seizure list indicates the place as only Kargil Gali and there is no mention Patna High Court CR. MISC. No.14149 of 2025(3) dt.14-05-2025 2/3 of any house. Further there is no independent witness to the said seizure list. 5. The application is opposed by the learned APP for the State on the ground that the petitioner has two criminal antecedents of the same nature, in response to which it is submitted that the petitioner is on bail in the said case. 6. Considering the above facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, 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 learned Special Judge Excise-2, Patna, in connection with Pirbahore P.S. Case No. 658 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482 (2) of the B.N.S.S., 2023 and subject to the further condition that:- (i) the petitioner shall co-operate in the investigation/trial. (ii) the learned Court would, however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of Patna High Court CR. MISC. No.14149 of 2025(3) dt.14-05-2025 3/3 the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. Raj Ranjan/- (Soni Shrivastava, J) U T