Patna High Court
MOTI RAJWAR @ MOTILAL RAMversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner.
Summary
Moti Rajwar was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for allegedly possessing 200 litres of illicit liquor and a motorcycle used to transport it. He contended that he was falsely implicated due to village rivalry and political animosity, asserting that he neither owned the seized items nor was present at the scene, and that no incriminating evidence was collected against him. The petitioner relied on a prior order granting anticipatory bail to a similarly situated individual in Cr. Misc. No. 26077 of 2026. The Court, noting the lack of direct evidence and the precedent, exercised its discretion under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023, and granted anticipatory bail. The order directed the petitioner to furnish a bail bond of Rs.10,000 with two sureties if arrested within four weeks. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in the absence of direct evidence linking him to the alleged offence under the Bihar Prohibition and Excise Act, 2022.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- BNSS, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- false implication
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29319 of 2026
Arising Out of PS. Case No.-322 Year-2025 Thana- TILAUTHU District- Rohtas
======================================================
MOTI RAJWAR @ MOTILAL RAM Son of Late Ramdeni Rajwar @
Ramdeni Ram Resident of Village - Koidih, P.S.- Tilauthu, District - Rohtas,
Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ujjwal Kumar Singh
For the Opposite Party/s : Mr. Bishweshwar Ram
======================================================
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 Tilauthu Police Station Case No. 322 of 2025,
disclosing offences under Sections 30(a) of the Bihar
Prohibition and Excise Act, 2022.
3. As per prosecution case, 200 liters illicit liquor
kept in sack and one motorcycle bearing Reg. No. BR26-B-
0870 in which some sack were tied, were recovered from place
of occurrence. Local chowkidar disclosed that petitioner along
with two other co-accused persons fled away from the spot.
4. Learned Counsel for the petitioner submits that
the petitioner has falsely been implicated in the present case due
Patna High Court CR. MISC. No.29319 of 2026(2) dt.07-05-2026
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to village rivalry and political animosity. Petitioner has been
made accused merely on the basis of disclosure of his name
made by the local chowkidar and co-villagers. The petitioner is
neither the owner of the seized motorcycle nor the seized liquor.
It is next submitted that the petitioner was neither present at the
place of occurrence nor apprehended from the spot. It is next
submitted that no incriminating material or legal evidence has
been collected during investigation to establish his involvement
in the alleged offence. He further submits that similarly situated
person has been granted anticipatory bail by a Co-ordinate
Bench of this Court vide order dated 22.04.2026 in Cr. Misc.
No. 26077 of 2026.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
similarly situated person has been granted anticipatory bail by a
Co-ordinate Bench of this Court, 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
Patna High Court CR. MISC. No.29319 of 2026(2) dt.07-05-2026
3/3
each to the satisfaction of learned Exclusive Special Judge,
Excise.-2, Sasaram, Rohtas, in connection with Tilauthu Police
Station Case No. 322 of 2025, subject to the condition laid
down under Section 438 (2) of the Code of Criminal
Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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