Vijay RajvanshiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32189 of 2026
                   Arising Out of PS. Case No.-446 Year-2015 Thana- GOVERNMENT OFFICIAL COMP.
                                                     District- Nawada
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                 Vijay Rajvanshi S/o- Nandu Rajvanshi RO Village- Soiyabapar Labarpura
                 PS- Hisua District- Nalanda

                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :    Mr. Birendra Kumar, Advocate
                 For the Opposite Party/s :    Mr. Rajendra Prasad Nat, APP
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                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

3   24-06-2026                    Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with G.O. Case No.446 of 2015, registered under Sections 47(a)

                   and (f) of Bihar Prohibition and Excise Act.

                                3. As per the prosecution story, which has been

                   lodged on the basis of written report submitted by the informant

                   to the effect that while the informant along with other excise

                   officials went to the spot/place of occurrence, total 35 liters of

                   liquor and 400 kg of Jawa Mahua were recovered. However, the

                   accused persons upon seeing the excise team and the officials,

                   managed to escape from there.

                                4. The learned counsel for the petitioner submits that
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          petitioner is innocent and has not committed any offence. The

          learned counsel for the petitioner further submits that the

          petitioner was not present at the place of occurrence and nothing

          has been recovered from his possession. The learned counsel for

          the petitioner further submits that the alleged seizure of 35 liters

          of liquor and 400 kg of Jawa Mahua was made from an open

          place, which is accessible to all and the petitioner has got no

          concern with the said place. The learned counsel for the

          petitioner further submits that the petitioner has got a clean

          antecedent.

                       5. Per Contra, learned APP for the State vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Having considered the rival submissions and after

          going through the records, it appears that 35 liters of liquor and

          400 kg of Jawa Mahua was recovered from an open place,

          which does not belong to the petitioner. The petitioner was not

          even present at the place of occurrence, rather his name

          transpired in the present case during course of investigation. The

          petitioner has got a clean antecedent. Let the petitioner, above

          named in the event of arrest/surrender within a period of six

          weeks from today, be released on anticipatory bail on furnishing

          bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two
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                         sureties of the like amount each to the satisfaction of learned

                         Exclusive Special Excise Judge-II, Nawada in connection with

                         G.O. Case No.446 of 2015, subject to the conditions as laid

                         down under Section 482(2) of the Bharatiya Nagarik Suraksha

                         Sanhita, 2023, and subject to the following condition:-

                                      (I) That the learned court concerned shall verify the

                         criminal antecedent of the petitioner and in case at any stage, it

                         is found that the petitioner has concealed his criminal

                         antecedent, the court concerned shall take step for cancellation

                         of bail bond of the petitioner. However, the acceptance of bail

                         bonds in terms of the above-mentioned order shall not be

                         delayed for purpose of or in the name of verification.



                                                     (Ritesh Kumar, J)
shital/-

U          T