← Library
Patna High CourtCR. MISC./5340/2025bail granted

Rajesh Kumar v. The State Of Bihar

2025-02-06Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5340 of 2025 Arising Out of PS. Case No.-501 Year-2024 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Rajesh Kumar S/O Rambabu Sahni R/O Village- Sobhan Basantpur, P.SKhanpur, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parvin Kumar, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Samastipur Muffasil PS Case No. 501 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 62 litres of country made liquor was recovered from four gallons near Gandak River.

4.

Learned counsel for the petitioner submits that the 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. It is submitted

Patna High Court CR. MISC. No.5340 of 2025(2) dt.06-02-2025 2/2 that recovery is made from an open place, which is accessible to one and all. The petitioner is in custody since 23.11.2024 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 Samastipur Muffasil PS Case No. 501 of 2024.

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