Raju Rai @ Raju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29166 of 2025 Arising Out of PS. Case No.-16 Year-2025 Thana- DESARI District- Vaishali ====================================================== Raju Rai @ Raju Kumar S/o Ranvijay Ray R/o vill - Bilat Chowk Bhikhanpura, P.S.- Desari (Chandpura O.P), Distt.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Kumar Thakur, Advocate For the State :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Desari (Chandpura O.P.) P.S. Case No. 16 of 2025, dated 14.01.2025, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. As per allegation, 400 litre of illicit liquor has been recovered from Kharagpur Dam situated in the district of Vaishali.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has nothing to do with the alleged offence and his name transpired only in the
Patna High Court CR. MISC. No.29166 of 2025(2) dt.12-05-2025 2/3 confessional statement of co-accused, which has no evidentiary value.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Desari (Chandpura O.P.) P.S. Case No. 16 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned
Patna High Court CR. MISC. No.29166 of 2025(2) dt.12-05-2025 3/3 court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T