Raj Kumar Sahni @ Raj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15132 of 2025 Arising Out of PS. Case No.-134 Year-2024 Thana- Excise P.S. District- Darbhanga ====================================================== Raj Kumar Sahni @ Raj Kumar Son of Late Lal Sahni village - Kahua ward no. -06, P.S. - Biraul, Dist. - Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Virendra Kumar For the Opposite Party/s :
Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-04-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Biraul Excise Police Station Case No. 134 of 2024, dated 21.05.2024, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, as per the First Information Report, is that on 21.08.2024, the police, during vehicle checking, saw that one Hero Glamour motorcycle was coming and upon seeing the police party the person sitting on the motorcycle tried to flee away, but was apprehended. The arrested person disclosed his name as Krishna Kumar Sahni. Upon search, the police recovered total 10 liters of illicit liquor from the motorcycle, bearing registration no.
Patna High Court CR. MISC. No.15132 of 2025(2) dt.08-04-2025 2/3 BR32-W-1126.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case only because he happens to be the registered owner of the said motorcycle. He next submits that the petitioner works in Delhi and the motorcycle, from where illicit liquor has been recovered, was used by Krishna Kumar Sahni, who is full brother of the petitioner and has been granted regular bail by the court below. He further submits that the petitioner had not knowledge about the illicit liquor being kept therein. The petitioner has got no criminal antecedent.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the justification given by the petitioner and the motorcycle was being driven by his full brother, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount
Patna High Court CR. MISC. No.15132 of 2025(2) dt.08-04-2025 3/3 each to the satisfaction of learned Special Judge I (Excise Act), Darbhanga, in connection with Biraul Excise Police Station Case No. 134 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T