IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42553 of 2025 Arising Out of PS. Case No.-214 Year-2022 Thana- KURSAKANTA District- Araria ====================================================== Rajbhor Kumar Tatma Son of Late Ghanshyam Mandal R/o Village- Rajauba Ward No 07 P.S- Sonamani Godan (O.P) District- Araria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Madhav Jha, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 2 21-07-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending his arrest in connection with Kursakanta (Kuwari OP) P.S. Case No. 214 of 2022 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per the allegation, on the alleged date and time of occurrence, total 6.3 litres of Nepali liquor has been recovered which is the subject matter of the present case. 4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. but later on, petitioner has been implicated in the aforesaid case being owner of seized motorcycle. There is no specific allegation against the petitioner. The petitioner is owner of the seized vehicle bearing Patna High Court CR. MISC. No.42553 of 2025(2) dt.21-07-2025 2/3 Registration No. BR38K8035. It is transpired from the F.I.R. itself, that such vehicles was being driven by the petitioner’s brother namely, Subodh kumar Mandal. The brother of the petitioner had taken motorcycle without consent of his brother (petitioner) in his absence from his house and the petitioner was completely unaware of this fact that his brother had taken his motorcycle. Petitioner has got no criminal antecedent. 5. Learned APP opposes the prayer for bail. 6. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail. 7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Exclusive Special Judge Excise-II, Araria, in connection with Kursakanta (Kuwari OP) P.S. Case No. 214 of 2022 subject to the conditions as laid down under Section 482 of B.N.S.S., as also with the following conditions:- (i) One of the bailors should be close relative of the petitioner. (ii) if the petitioner tampers with the evidence or threatens the witness, in that case, the prosecution will be at Patna High Court CR. MISC. No.42553 of 2025(2) dt.21-07-2025 3/3 liberty to move for cancellation of bail. (iii) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail bonds may be cancelled by the learned trial Court. Ankit Kumar/- (S. B. Pd. Singh, J) U T