IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9934 of 2026 Arising Out of PS. Case No.-310 Year-2025 Thana- RAJAOLI District- Nawada ======================================================

Sanjay Saw Son Of Nanhak Saw Resident Of Village - Yashpur, P.S.-

Fatehpur, District - Gaya.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate For the Opposite Party/s : Mrs. Renu Kumari, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER

2 13-02-2026 Heard learned counsel for the petitioner and Mrs.

Renu Kumari, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Rajauli P.S. Case No. 310/2025 instituted for the offences under Sections 303(2) and 317(5) of the B.N.S. and Section

30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 354 litres of liquor was recovered out of which 180 litres of liquor was recovered from motorcycle and 174 litres of liquor was recovered from the bush.

petitioner has falsely been implicated in the present case.

petitioner has transpired in this case merely as being the owner of the vehicle in question and he had no knowledge regarding the goods loaded in the vehicle. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel has submitted that six month before his motorcycle was stolen from Fatehpur Bazar. Learned counsel, therefore, submitted that prima-facie, no case is made out against the petitioner. The petitioner has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is further submitted that the petitioner has not filed any complaint before the police station regarding stolen motorcycle.

6. Considering the aforesaid facts and circumstances of the case as also the petitioner is the registered owner of the motorcycle from which recovery is made, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the prayer for grant of anticipatory bail to the petitioner is, hereby, rejected.

8. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be disposed of on its own merit without being prejudiced by this order.

(Rudra Prakash Mishra, J)

atul/-

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