Patna High CourtCR. MISC./23187/2025bail granted

Raj Kumar v. The State Of Bihar

2025-04-30Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23187 of 2025 Arising Out of PS. Case No.-44 Year-2025 Thana- JAMHOR District- Aurangabad ====================================================== Raj Kumar, aged about 25 years, Gender, Male, S/o late Rajeshwar Yadav, R/o Village- Mehda, PS- Jamhore, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-04-2025 Heard Mr. Bhaskar Shankar, learned counsel appearing on behalf of the petitioner and Mr. Md. Aslam Ansari, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Jamhore P.S. Case No. 44 / 2025 registered for the offence(s) punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, 6 litres of illicit liquor was recovered from the bag of co-accused Anuj Kumar and 5.4 litres of illicit liquor was recovered from a bag allegedly thrown by the petitioner. Anuj Kumar has disclosed the name of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely

Patna High Court CR. MISC. No.23187 of 2025(2) dt.30-04-2025 2/3 been implicated in the present case. Name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Anuj Kumar and confessional statement made before police has no evidentiary value. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made against the petitioner in the FIR and also the fact that petitioner has clean antecedent, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Second, Aurangabad / Concerned Court in connection with Jamhore P.S. Case No. 44 / 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the

Patna High Court CR. MISC. No.23187 of 2025(2) dt.30-04-2025 3/3 petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T