IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30475 of 2025 Arising Out of PS. Case No.-192 Year-2009 Thana- GRIYAK District- Nalanda ====================================================== Rajesh Sao S/o- Late Nago Sao, Resident of at Nichi Bazar, PS- Giryak, Dist- Nalanda ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amit Ranjan, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 4 13-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner seeks bail in connection with Giriyak P.S. Case No. 192 of 2009 dated 21.12.2009 instituted for the offence punishable under Sections 290 of the Indian Penal Code and Section 47(A) of Bihar Prohibition and Excise Act. 3. The allegation is of recovery of total 9 litre country made liquor from the shop where the petitioner was working. 4. It is a case of misuse of privilege of bail. 5. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that earlier the petitioner was on bail but due to non-pairvi, the bail bond of the petitioner was cancelled. It is further submitted that the petitioner Patna High Court CR. MISC. No.30475 of 2025(4) dt.13-08-2025 2/4 had gone outside for earning his livelihood due to which he could not appear in the court and as a result, bail bond was cancelled. Learned counsel for the petitioner further submits that there is not intentional misuse on the part of the petitioner but due to the mistake of the pairvikar, the bail bond of the petitioner was cancelled. Lastly, it has been submitted that the petitioner is in custody since 19.03.2025 having no criminal antecedents. 6. A supplementary affidavit has also been filed. From the perusal of the supplementary affidavit, it is apparent that bail bond of the petitioner was cancelled sixth time. Firstly, the bail was granted to the petitioner on 24.12.2009 but due to non-pairvi, the bail bond was cancelled on 24.07.2012. Thereafter, the petitioner surrendered before the trial court and was granted bail on 23.08.2012, but due to non-pairvi, the bail bond was again cancelled. Thereafter, the petitioner surrendered before the court and granted bail on 15.01.2024, but due to non-pairvi, the bail bond was once again cancelled. Thereafter, the petitioner surrendered before the court and granted bail on 08.04.2019, but again due to non-pairvi, the bail bond was cancelled. Thereafter the petitioner surrendered before the court and granted bail on 04.03.2020, but due to non-pairvi, the bail bond was cancelled. Lastly, the petitioner was arrested on 19.03.2025 and since then he is in custody. Patna High Court CR. MISC. No.30475 of 2025(4) dt.13-08-2025 3/4 7. The District & Additional Sessions Judge-V-cum – Special Judge Excise Court-I, Nalanda at Biharsharif in his report dated 26th July, 2025 stated that the bail bond of the accused persons, namely, Rajesh Sao has been cancelled on 19.03.2024 due to his absence since 04.06.2021. Further, N.B.W., processes under Section 82 & 83 Cr.P.C., 1973 were issued against him on 15.06.2024 and 08.01.2025 respectively. Lastly, the said accused persons declared absconder on 13.02.2025. Thereafter the police has arrested the accused persons and produced before him on 19.03.2025. It has been further stated that Bailable Warrant has been issued against all prosecution witnesses on 25.06.2025 but till date, the prosecution failed to produce any witness. 8. Learned A.P.P. for the State opposed the prayer for bail of the petitioner. 9. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-V, cum Special Excise-I, Nalanda in connection with Giriyak P.S. Case No. 192 of 2009, subject to the following conditions:- 1. Petitioner shall co-operate in the trial and shall be Patna High Court CR. MISC. No.30475 of 2025(4) dt.13-08-2025 4/4 properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. 2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife. 3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse. 4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. premchand/- (Khatim Reza, J) U T