Rajiv Kumar @ Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35355 of 2025 Arising Out of PS. Case No.-81 Year-2025 Thana- PARIHAR District- Sitamarhi ====================================================== Rajiv Kumar @ Rajeev Kumar S/o Bablu Rai @ Babalu Rai R/o VillageSirsiya Bazar, P.S.- Bela, 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.Syed Ehteshamuddin, 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 seeks bail in connection with Parihar P.S. Case No. 81/2025 registered for the offences under Section 317(5) of B.N.S. and Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, the police while patrolling intercepted two motorcycles. It is alleged that one of the riders managed to flee away, however, one person was apprehended who disclosed his name as Rajeev Kumar (petitioner) and on search a total of 99 liters of Nepali liquor was recovered.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.35355 of 2025(2) dt.29-05-2025 2/3 case at the behest of the police. Learned counsel further submits that the petitioner has no concern with the alleged motorcycle from which illicit liquor was recovered. It is lastly submitted that the petitioner has no criminal antecedent and is in custody since 11.03.2025.

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 that the petitioner has clean antecedent, 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 Exclusive Special Excise Court-1, Sitamarhi in connection with Parihar P.S. Case No. 81/2025 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 to the

Patna High Court CR. MISC. No.35355 of 2025(2) dt.29-05-2025 3/3 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 aforementioned order shall not be delayed for purpose of or in the name of verification.

(Sourendra Pandey, J) tusharika/- U T