Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11748 of 2025 Arising Out of PS. Case No.-562 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Raju Kumar S/o- Sanjay Rai Village- Hariyan Chapra Near Committee Chowk Ps- Muffasil Dist- East Champaran 2.

Raja Kumar S/o- Moharlal Sah Village- Hariyan Chapra Near Committee Chowk Ps- Muffasil Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-04-2025

1. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Mufassil Police Station Case No. 562 of 2019, 02.12.2019, disclosing offences under Sections 272/273/34 of the Indian Penal Code and Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The First Information Report was lodged in the year 2019 stating that on 02.12.2019 during the course of patrolling, two persons started fleeing away leaving behind the motorcycle, bearing registration no. BR05-L-6355 upon seeing the police party. The police recovered 73.50 liters

Patna High Court CR. MISC. No.11748 of 2025(2) dt.03-04-2025 2/2 of illicit liquor from the said motorcycle and the villagers/local persons disclosed the name of the persons, who succeeded in fleeing away, as Raju Kumar and Raja Kumar i.e. the petitioners.

4. Learned counsel for the petitioners submits that the petitioners have been made accused on disclosure of the co-villagers and the motorcycle, from where, illicit liquor has been recovered, does not belong to the petitioners.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioners have moved before this Court after lapse of about six years from the date of lodging of the First Information Report for anticipatory bail and the fact that the petitioners are having criminal antecedents of similar nature of offences, I am not inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, dismissed. (Anil Kumar Sinha, J) ashwani/- U T