Rajesh Raushan @ Rajesh Ram @ Rajesh Sharma Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Rajesh Raushan @ Rajesh Ram @ Rajesh Sharma Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail allowed: petitioner to be released on bail if arrested or surrendered before the Court below within six weeks, on a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Samastipur, subject to Section 482(2) BNSS 2023 conditions and the further conditions imposed (cooperation and appearance on every date; no witness inducement/tampering; no fresh offence).

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Sarai Ranjan P.S. Case No.103 of 2025 instituted under Sections 30(a) & 41(1), (2) of the Bihar Prohibition and Excise Act.

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the Court below within six weeks, the petitioner is to be released on bail upon furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Samastipur, in connection with Sarai Ranjan P.S. Case No.103 of 2025.

Ratio / Principle

The release is subject to the conditions laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 and to further conditions imposed by the Court: cooperation in investigation and trial with appearance on every date; no inducement, promise or threat to witnesses or tampering with evidence; and desistance from committing any further criminal offence, failing which the State may seek cancellation of the bail bonds.

Key takeaways

Specific attendance condition: the petitioner shall appear before the Trial Court on each and every date; failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself.ratio¶22

Detailed headnote1 paragraphs

Patna High Court (Sunil Dutta Mishra, J) [CRIMINAL MISCELLANEOUS No.55835 of 2025, decided 17-10-2025] — Anticipatory bail granted to Rajesh Raushan @ Rajesh Ram @ Rajesh Sharma in connection with Sarai Ranjan P.S. Case No.103 of 2025, Samastipur, instituted under Sections 30(a) & 41(1), (2) of the Bihar Prohibition and Excise Act, wherein 2752.965 litres of illicit foreign liquor were allegedly recovered from a ten-wheeler truck, Bolero, Scorpio and motorcycle near the Chaur of Harilochanpur Tiswara, the accused having fled leaving their vehicles. Counsel urged that the petitioner was neither owner nor driver of any vehicle, nothing was recovered from his conscious possession, there was no independent witness to the seizure, he had five antecedents (two excise) and was on bail in all, and similarly situated co-accused had been bailed vide orders dated 01.09.2025 in Cr. Misc. No.55665 of 2025 and 24.09.2025 in Cr. Misc. No.61460 of 2025. Held: petitioner, if arrested or surrendering within six weeks, to be released on a Rs.10,000/- bond with two like sureties, subject to Section 482(2) BNSS 2023 conditions and further conditions (cooperation/appearance on every date, default on two consecutive dates entailing cancellation by the Trial Court; no tampering with witnesses or evidence; no fresh offence).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55835 of 2025

Arising Out of PS. Case No.-103 Year-2025 Thana- SARAI RANJAN District- Samastipur

======================================================

Rajesh Raushan @ Rajesh Ram @ Rajesh Sharma Son of Late Mauzelal Ram @ Maujelal Ram, R/o Vill.- Basahi Bhindi, P.S.- Tajpur, District - Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Anish Kumar, Advocate. For the Opposite Party/s : Mr. Narsingh Tanti, APP. ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

4 17-10-2025

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sarai Ranjan P.S. Case No.103 of 2025 instituted under Sections 30(a) & 41(1), (2) of Bihar Prohibition and Excise Act.

As per the prosecution case, there is recovery of 2752.965 liter illicit foreign liquor from Ten-Wheeler Truck, Bolero, Scorpio and motorcycle collectively near the Chaur of Harilochanpur Tiswara and it is alleged that all the accused persons fled away from the spot leaving their vehicles after seeing the police team.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to his criminal antecedents and the disclosure made by

Patna High Court CR. MISC. No.55835 of 2025(4) dt.17-10-2025 2/3

the local Chaukidar due to local politics. He further submits that petitioner is neither owner nor driver of any of the vehicle and he has no concern with the alleged recovered liquor. Learned counsel submits that no incriminating article has been recovered from the conscious possession of the petitioner. He further submits that there is no independent witness in the seizure list. Learned counsel submits that similarly situated co-accused persons have already been granted bail by this Court as well Coordinate Bench of this Court vide orders dated 01.09.2025 passed in Cr. Misc. No.55665 of 2025 and 24.09.2025 passed in Cr. Misc. No.61460 of 2025. He further submits that petitioner has five criminal antecedents, out of which two belongs to the Excise Act and he is on bail in all the cases. Petitioner undertakes to cooperate in the investigation and trial.

Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances of the case and the submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.55835 of 2025(4) dt.17-10-2025 3/3

satisfaction of the learned Court concerned, Samastipur in connection with Sarai Ranjan P.S. Case No.103 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with further following conditions:-

(i) The petitioner shall cooperate in investigation and trial of the case and shall also appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(ii) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iii) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

(Sunil Dutta Mishra, J)

Ritik/-

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