Raj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23842 of 2025 Arising Out of PS. Case No.-745 Year-2024 Thana- GARKHA District- Saran ====================================================== Raj Kumar S/o Nawal Ray R/o Village- Newal Tola, Sabalpur, P.S.- Sonepur, Dist.- Chapra (Saran) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Rina Sinha, Advocate :
Mr. Dhirendra Prasad Sinha, Advocate For the Opposite Party/s :
Mrs. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Garkha P.S. Case No. 745 of 2024 instituted for the offences punishable under Sections 30(a), 36, 38, 41 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 594.720 litres of liquor was recovered from Truck.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The
Patna High Court CR. MISC. No.23842 of 2025(2) dt.11-04-2025 2/3 name of the petitioner transpired in this case on the basis of confessional statement of co-accused. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is not the owner of the vehicle. It is further submitted that petitioner is only the co-driver of the vehicle in question and has no knowledge regarding the goods loaded in the vehicle. The petitioner has three criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The co-accused person has already been granted regular bail by this Court vide order dated 05.03.2025 passed in Cr. Misc. No. 15787 of 2025.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the lower court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Garkha P.S. Case No. 745 of 2024, subject to the conditions as laid down under
Patna High Court CR. MISC. No.23842 of 2025(2) dt.11-04-2025 3/3 Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T