IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7821 of 2026 Arising Out of PS. Case No.-359 Year-2024 Thana- Excise P.S. District- Madhubani ======================================================

Rakesh Kumar Sahni S/O Brijlal Sahni R/o Vill.- Navtol, Ghorbanki, P.S.-

Basopatti, District - Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr.Ashok Kumar @ Ashok Karn For the Opposite Party/s : Mr.Manoj Kumar ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 17-02-2026 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 Sadar Excise Police Station Case No. 359 of 2024, dated 28.12.2024, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that on 28.12.2024, the police intercepted and recovered 10.6 litres of illicit Nepali liquor and arrested co-accused Uma Shankar Mahto.

4. Learned Counsel for the petitioner submits that the petitioner is not named in the First Information Report and he has been made accused subsequently on the basis of the fact that he happens to be the registered owner of the motorcycle in question. He further submits that only one person was present on the motorcycle was apprehended by the police on the spot. He further submits that the petitioner has got no concern with the illicit liquor recovered and one of his relatives, i.e. co-accused Uma Shankar Mahto, had borrowed the motorcycle in question for purchasing medicine and the petitioner was not aware about the fact that the arrested co-accused person was carrying illicit liquor in his motorcycle. He further submits that the petitioner has got no criminal antecedent.

5. Consideration the justification given by the petitioner, 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 to the satisfaction of learned Special Judge, Excise, Madhubani, in connection with Sadar Excise Police Station Case No. 359 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.)

Prabhakar Anand/-

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