Sonu Rajak Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr.Dr.Kamal Deo Sharma, Advocate For the Opposite Party/s : Mr.Shyameshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 13-02-2026

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner seeks bail in connection with Buxar (T) P.S. Case No. 481 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

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The prosecution case, in short, is that 16.875 liters liquor was recovered behind the house of the petitioner.

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submitted that earlier the anticipatory bail of the petitioner was rejected by a co-ordinate Bench of this court vide order dated 19.11.2024 passed in Criminal Miscellaneous No. 77028 of 2024. No incriminating material

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Patna High Court CR. MISC. No.11508 of 2026(2) dt.13-02-2026 2/3

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has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner further submitted that the recovery has been made behind the house of petitioner, which is an open place and is accessible to public at large. The petitioner is in custody since 18.12.2025 and has got six criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

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Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Buxar (T) P.S. Case No. 481 of 2024, subject to the following conditions:

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(I) One of the bailors shall be the petitioner’s own or close member.

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(II) The petitioner shall appear on each and every date fixed during the trial and shall not remain absent on two

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Patna High Court CR. MISC. No.11508 of 2026(2) dt.13-02-2026 3/3

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consecutive dates without sufficient cause.

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(III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.

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In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.