Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14469 of 2025 Arising Out of PS. Case No.-651 Year-2021 Thana- MAHUA District- Vaishali ====================================================== 1.

Raj Kumar Son of Dineshwar Ray @ Dinesh Ray Village -Jirwara PS -Mahua District -Vaishali Bihar 2.

Rajeev Kumar son of Jawahar Lal Ray @ Jabahir Ray Village -Jirwara PS -Mahua District -Vaishali Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rupa Kumari, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-03-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Mahuwa P.S. Case No. 651 of 2021 instituted for the offences punishable under Sections 414 of the IPC and 30(a), 32(ii), 38(ii), 41(i) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 315 litres of liquor was recovered from Car and Truck.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case.

Patna High Court CR. MISC. No.14469 of 2025(2) dt.07-03-2025 2/2 No incriminating article has been recovered from the conscious possession of the petitioners. Learned counsel further submitted that petitioners are neither the owner nor the driver of the vehicles in question. The petitioners have got no concern with the alleged recovery of liquor. The petitioners are in custody since 22.01.2025 and have no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

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

7. Let the petitioners 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 Mahuwa P.S. Case No. 651 of 2021.

(Rudra Prakash Mishra, J) Alok Verma/- U T