Patna High CourtCR. MISC./7339/2025bail granted

Raja Kumar @ Raja Kumar Sahani v. The State Of Bihar

2025-02-28Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7339 of 2025 Arising Out of PS. Case No.-14 Year-2024 Thana- HASANPUR District- Samastipur ====================================================== Raja Kumar @ Raja Kumar Sahani S/O Ranjeet Mukhiya R/O VillageGodah, P.S.- Hasanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hriday Kant Mishra For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2025

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

2. The petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and allegation is of recovery of 15 liters of liquor from house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and after amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with. It is further submitted that he came to be implicated at the

Patna High Court CR. MISC. No.7339 of 2025(2) dt.28-02-2025 2/2 instance of Chowkidar with whom he is on an inimical term. It is next submitted that petitioner is in judicial custody since 13.11.2024 and charge sheet has been submitted.

5. Learned A.P.P. for the State opposes the prayer for regular bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Hasanpur P.S. Case No. 14 of 2024.

(Satyavrat Verma, J) Rishabh/- U T