Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1048 of 2025 Arising Out of PS. Case No.-405 Year-2024 Thana- AMAS District- Gaya ====================================================== Rajesh Kumar S/o Sri Rajendra Paswan R/o Vill.- Sare, P.S.- Sare, Distt.- Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Amas PS Case No. 405 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

As per prosecution case, co-accused, namely, Anuj Kumar Sinha, being police officials of Amas Police Station, Gaya had seized a huge quantity (100 litres) of Indian made foreign liquor from a car and they had committed breach of trust with regard to the aforesaid seized liquor and loaded some of those seized liquor (two cartoons measuring 18 litres) in one another car with the intention to misappropriate it by calling one Prashant Kumar.

4.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.1048 of 2025(2) dt.28-01-2025 2/2 petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Petitioner is a police official and he has been implicated in this case on extraneous consideration. The petitioner is in custody since 06-12-2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

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

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amas PS Case No. 405 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T