Raju Sah @ Raju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25633 of 2025 Arising Out of PS. Case No.-95 Year-2025 Thana- PATLIPUTRA District- Patna ====================================================== 1.
Raju Sah @ Raju Kumar S/o- Ramnath Sah, Resident of village- Ram Janki Mandir, Mainpura, PS- Pataliputra, District- Patna. 2.
Pushpa Devi W/o- Prakash Sah, Resident of village- Ram Janki Mandir, Mainpura, PS- Pataliputra, District- Patna.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Sumit Kumar, Advocate For the Opposite Party :
Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-04-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Pataliputra P.S. Case No. 95 of 2025 dated 26.02.2025 registered for the offences punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 49.41 litres of foreign liquor, 17.5 litres of beer and 24 litres of country made liquor was recovered from the joint house of petitioners and other co-accused persons.
4. Learned counsel for the petitioners has submitted
Patna High Court CR. MISC. No.25633 of 2025(2) dt.29-04-2025 2/2 that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. The house in question from where the alleged recovery was made is a joint property and petitioners are not the exclusive owners of the same. The petitioner no. 1 has one criminal antecedent of similar nature and petitioner no. 2 has clean antecedent as stated in paragraph no. 3 of the bail petition. The petitioners are in custody since 29.03.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners, above-named, are directed to be enlarged on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-I, Patna, in connection with Pataliputra P.S. Case No. 95 of 2025.
7. The application stands allowed.
(Chandra Prakash Singh, J) Shahnawaz/- U T