Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16779 of 2025 Arising Out of PS. Case No.-115 Year-2025 Thana- Excise P.S. District- Muzaffarpur ====================================================== Raju Kumar Son of Umesh Rai Resident of Village - Raghopur, P.S.- Ahiyapur, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 02-04-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The present application is for grant of anticipatory bail, in connection with Muzaffarpur Excise P.S. Case No.115 of 2025 for offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 .

3. From the perusal of the First Information Report and also the seizure list, it would go to show that 63 liters of foreign made liquor was found in an abandoned state at the back of the house of the petitioner.

4. Learned counsel for the petitioner submits that no recovery has been made from the conscious possession of the petitioner and the place of recovery would go to show that it is an open space, which is accessible to all.

Patna High Court CR. MISC. No.16779 of 2025(2) dt.02-04-2025 2/2

5. Learned APP for the State has, however, submitted that there are three cases on the petitioner of the same nature to which the learned counsel for the petitioner responded that he is on bail in all the three cases.

6. Considering the above facts and circumstances, 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) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.II, Muzaffarpur, in connection with Muzaffarpur Excise P.S. Case No.115 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482 (2) of the B.N.S.S., 2023 and subject to the further condition that:- (i) the petitioner shall co-operate in the investigation/trial.

(ii) the learned Court would, however, verify the criminal antecedent of the petitioner before releasing him on bail.

(Soni Shrivastava, J) sharun/- U T