Raju Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28875 of 2026 Arising Out of PS. Case No.-369 Year-2025 Thana- ADAPUR District- East Champaran ====================================================== Raju Giri S/o Ramdeo Giri R/o vill- Murtiya, Ps- Aadapur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Aadapur P.S. Case No. 369 of 2025 registered for the offence punishable under Sections 30(a), 32, 41(1) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in short, is that from the possession of one Nasim Miyan, altogether 120 liters of Nepali country-made liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that as per the case of the prosecution, the petitioner has fled away and the name of this petitioner has been disclosed by co-accused namely, Nasim Miyan. It has been

Patna High Court CR. MISC. No.28875 of 2026(2) dt.05-05-2026 2/2 submitted that nothing has been recovered from the possession of the petitioner. The name of this petitioner has surfaced only on the basis of the statement of co-accused. He further submits that the petitioner is languishing in judicial custody since 11.03.2026.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner has criminal antecedent of three cases of similar nature.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail with the condition that the petitioner shall not indulge himself in similar nature of offences in future and shall cooperate in the trial. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge Court No. 2, Civil Court, East Champaran, Motihari in connection with Aadapur P.S. Case No. 369 of 2025.

(Ashok Kumar Pandey, J) Sudhanshu/- U T