Raju Kumar @ Raju Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37600 of 2024 Arising Out of PS. Case No.-348 Year-2023 Thana- SONBERSA District- Sitamarhi ====================================================== Raju Kumar @ Raju Thakur Son of Devendra Thakur R/o Vill.- Pakariya, P.S.- Sonbarsa, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-06-2024 Heard Mr. Santosh Kumar, learned counsel for the petitioner and Mr. Nityanand, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Sonbarsa P.S. Case No. 348 of 2023, dated 15.11.2023, registered for the offence(s) punishable under Section 30(a) of Bihar Prohibition and Excise Act 2018.

3. The allegation is of recovery of 1290 litres of Nepali country-made Saufi liquor from the hut of the coaccused, namely, Devendra Thakur.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case. He has no concern either with the seized liquor or trade of liquor in any manner.

5. Learned APP for the State vehemently opposed the

Patna High Court CR. MISC. No.37600 of 2024(2) dt.26-06-2024 2/2 prayer for grant of pre-arrest bail and submits that the huge quantity of liquor has been recovered.

6. Having considered the rival submissions made on behalf of the parties and nature of allegation against the petitioner and the fact that the huge quantity of liquor has been recovered which is smuggled one, I am not inclined to grant bail to the petitioner. Therefore, the prayer for bail of this petitioner is rejected.

7. However, the petitioner, if so advised, may surrender before the District Court and the District Court is directed to consider the regular bail of the petitioner on the very same day, if the petitioner deserves to be released on bail on the basis of material collected in course of investigation and his complicity in the offence is prima facie true. (Purnendu Singh, J) sanjeev/-ravi/- U T