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2026 DAILYLAW 14309 (PAT)

Rajesh Ram @ Rajesh Rajbanshi v. The State of Bihar

CR. MISC./30548/2026 · 2026-05-07

Anil Kumar Sinha

Public Interest Litigationbody2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30548 of 2026 Arising Out of PS. Case No.-141 Year-2026 Thana- RAJAOLI District- Nawada ====================================================== Rajesh Ram @ Rajesh Rajbanshi Son of Late Kalo Rajbanshi Resident of village - Udaypur, P.S.- Rajauli, District - Nawada. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sheo Nandan Prasad For the Opposite Party/s : Mr. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 07-05-2026 1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application for grant of anticipatory bail arises out of Rajauli Police Station Case No. 141 of 2026, dated 08.03.2026, disclosing offence under Section 317(2) and 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, as per First Information Report, is that the police received secret information that in village Udaipur, the petitioner was transporting a consignment of countrymade liquor on a Apache motorcycle. Upon which the police party reached village Udaipur and noticed one Apache motorcycle coming from Sohanbigha with a sack tied on pillion seat. On seeing the police party, the rider abandoned the motorcycle and fled away. The local Patna High Court CR. MISC. No.30548 of 2026(2) dt.07-05-2026 2/3 chaukidar identified him as petitioner. On search, total of 130 litres of countrymade illicit liquor was recovered from the sack and motorcycle, bearing registration no. JH-19C-1815, was siezed. 4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to village politics. He next submits that name of the petitioner has transpired on disclosure by local chowkidar. He further submits that the motorcycle, in question, does not belong to the petitioner and illicit liquor has not been recovered from conscious possession of the petitioner and/or from vehicle belonging to him. 5. Regards being had to the submission advanced by learned counsel for the parties and taking into consideration the fact that the petitioner is not the owner of the motorcycle, from where illicit liquor has been recovered, I am inclined to grant the petitioner privilege of anticipatory bail. 6. This application is, accordingly, allowed. 7. 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 Patna High Court CR. MISC. No.30548 of 2026(2) dt.07-05-2026 3/3 to the satisfaction of learned Exclusive Special Excise Court – 2, Nawada, in connection with Rajauli Police Station Case No. 141 of 2026, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. ashwani/- (Anil Kumar Sinha, J) U T