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2025 DAILYLAW 56308 (PAT)

Naresh Rajbansi v. The State of Bihar

CR. MISC./45820/2025 · 2025-08-04

Ashok Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45820 of 2025 Arising Out of PS. Case No.-914 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Naresh Rajbansi Son of Banwari Rajbansi Resident of Village- Hathochak PS- Rajauli, Dist- Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 04-08-2025 Heard learned counsel for the petitioner and Mr. Kalyan Shankar, learned APP for the State. 2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Excise P.S. Case No. 914 of 2024 instituted for the offence under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act. 3. The case of the prosecution is that police had information that the petitioner along with others is indulge in manufacturing of illegal country made liquor. On this information, the place of occurrence was searched and in bushes 45 liters of chulaai liquor and 2500 liters of Jawa mahua was recovered. No one was found. 4. Learned counsel for the petitioner has submitted that from perusal of the FIR itself, it is clear that the name of Patna High Court CR. MISC. No.45820 of 2025(2) dt.04-08-2025 2/2 this petitioner has surfaced only on the basis of secret information. Nothing has been recovered from the possession of the petitioner. The recovery has been made from an open place. The petitioner is a man of clean antecedent. 5. Learned APP appearing for the State has vehemently opposed the prayer for bail. 6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Excise P.S. Case No. 914 of 2024, he will be enlarged on bail 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 Excise Judge 2nd- Nawada, subject to the conditions as laid down under Section 482(2) of the BNSS. 7. Accordingly, the present bail application stands allowed. durgesh/- (Ashok Kumar Pandey, J) U T