Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5964 of 2025 Arising Out of PS. Case No.-225 Year-2024 Thana- GAMAHARIYA District- Madhepura ====================================================== Rajesh Kumar Son of Ramvilash Yadav R/oVillage- Chikni Fulkaha Ward No 01 P.S-Gamharia District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-02-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. It is alleged that 37 liters of country made liquor was recovered from a motorcycle. Petitioner is the owner of the said motorcycle.

4. It is submitted that the petitioner is innocent and has been falsely implicated in this case only on the basis of suspicion. Petitioner is not named in the FIR he has been implicated in this case only because he is owner of the seized motorcycle. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.5964 of 2025(2) dt.25-02-2025 2/2

5. Learned counsel for the State has opposed the prayer for bail of the petitioner and submits that petitioner is involved in the business of illicit liquor.

6. Considering the aforesaid fact of the case and also petitioner has five criminal antecedents, this pre-arrest bail petition is dismissed.

(Prabhat Kumar Singh, J) Prakash/- U