IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10718 of 2026 Arising Out of PS. Case No.-338 Year-2025 Thana- Excise P.S. District- Rohtas ====================================================== Rajesh Pasan @ Rajesh Paswan S/o Sri Ram Paswan R/V.- Admapur, P.S.- Sasaram (M), District- Rohtas ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rakesh Kumar Mishra, Adv For the Opposite Party/s : Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 2 17-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in connection with Excise P.S. Case No. 802 of 2025 FIR No. 338 of 2025, registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act. 3. The case of the prosecution, in short, is that on secret information during patrolling, the informant along with other police personnel reached the place of occurrence and on suspicion, a white auto-rickshaw was stopped. During the search, a white plastic sack containing 02 transparent plastic bags, one bag contained approximately 5.000 liters and the other approximately 3.000 liters, total approximately 8.000 liters of illicit liquor were recovered from the diggi behind the rear seat Patna High Court CR. MISC. No.10718 of 2026(2) dt.17-02-2026 2/3 of the auto-rickshaw. Subsequently seizure list was prepared. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that the petitioner has been implicated because he is the owner of the seized vehicle. Nothing has been recovered from the conscious physical possession of the petitioner. He further submits that the petitioner has no criminal antecedent. 5. Learned A.P.P. for the State opposes the prayer of anticipatory bail. 6. Considering the fact that the petitioner was not present at the spot and no recovery has been made from the conscious physical possession of the petitioner and he has simply been implicated because he is the owner of the seized vehicle and also taking into account the fact that the petitioner has clean antecedent, this Court is inclined to grant privilege of anticipatory bail to the petitioner. 7. Let the petitioner, named above, in the event of his arrest or surrender before the Court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Patna High Court CR. MISC. No.10718 of 2026(2) dt.17-02-2026 3/3 Court-1, Rohtas at Sasaram in connection with Excise P.S. Case No. 802 of 2025 FIR No. 338 of 2025, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 as also further condition that:- (i) the petitioner shall co-operate in the investigation/trial. (ii) the learned Court would, however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. kiran/- (Alok Kumar Sinha, J) U T