Raja Kumar @ Raja Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34093 of 2025 Arising Out of PS. Case No.-45 Year-2025 Thana- Madhusudanpur District- Bhagalpur ====================================================== Raja Kumar @ Raja Choudhary S/o Late Sitaram Choudhary R/villMadhusudanpur, (Nathnagar), PS- Madhusudanpur(Nathnagar), DistBhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 29-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seek bail in connection with Madhusudanpur P.S. Case No.45 of 2025 registered for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case the petitioner is said to have been apprehended with 750 ml of liquor.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case merely because he carries a long list of antecedent of similar offences and it has also been submitted that no recovery as alleged has been made from the conscious possession of the

Patna High Court CR. MISC. No.34093 of 2025(2) dt.29-05-2025 2/3 petitioner. Learned counsel further submits that the police in order to implicate the petitioner and keep him in custody has lodged this false case. It is lastly been submitted that the petitioner has antecedent of nine case but he is on bail in the said cases and he is in custody since 03.04.2025.

5. Learned APP for the State has opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the nature of the offense, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge-2nd, Bhagalpur in connection with Madhusudanpur P.S. Case No.45 of 2025 subject to the conditions :- a. One of the bailors of the petitioner shall be his close relative.

b. The petitioner shall remain physically present in Court on each date of the trial.

c. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable

Patna High Court CR. MISC. No.34093 of 2025(2) dt.29-05-2025 3/3 to the cancelled by the court concerned.

d. The Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the afore-mentioned order shall not be delayed for purpose of or in the name of verification. (Sourendra Pandey, J) Saurav/- U T