IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45831 of 2025 Arising Out of PS. Case No.-203 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== 1. PAWAN RAJBANSHI S/o Biru Rajbanshi RESIDENT OF VILLAGE- CHAPRI , P.S.- SIRDALLA, DISTRICT- NAWADA 2. Sarjan Rajbanshi S/o Fudan Rajbanshi RESIDENT OF VILLAGE- CHAPRI , P.S.- SIRDALLA, DISTRICT- NAWADA 3. Deepak Kumar S/o Surendra Paswan RESIDENT OF VILLAGE- CHAPRI , P.S.- SIRDALLA, DISTRICT- NAWADA ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Sweta Burnwal, Advocate For the Opposite Party/s : Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 04-07-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners apprehend arrest in connection with Nawada Excise P.S. Case No. 203 of 2025, registered under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that, 100 liters liquor was recovered from forest. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. The petitioners have got no concern with the alleged recovery of liquor. Learned counsel for the petitioners Patna High Court CR. MISC. No.45831 of 2025(2) dt.04-07-2025 2/3 also submits that the petitioners were not present at the place of occurrence. Name of the petitioners have transpired in this case on the basis of confesstional statement made by co-accused, namely, Nawlesh Sharma and the same has got no evidentiary value. The alleged recovery has been made from an open place and the same is easily accesible to the public at large. Learned counsel for the petitioner, therefore, contends that prima-facie, no case is made out against the petitioner. Petitioner no. 1 has got one criminal antecedent in which he is on bail and petitioner nos. 2 and 3 have got no criminal antecedent. Learned counsel for the petitioners further submits that similarly situated co- accused has been granted regular bail by this Court vide order dated 12.05.2025 passed in Cr. Misc. No. 31349 of 2025. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6. Considering the aforesaid facts and circumstances, let the petitioners, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two Patna High Court CR. MISC. No.45831 of 2025(2) dt.04-07-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nawada Excise P.S. Case No. 203 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Rajorshi/- (Rudra Prakash Mishra, J) U T