Raja Paswan @ Raja Kumar @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41187 of 2024 Arising Out of PS. Case No.-85 Year-2024 Thana- UJIYARPUR District- Samastipur ====================================================== Raja Paswan @ Raja Kumar @ Raja Son of Ashok Paswan Village- Raipur, PS- Ujiyarpur, DIST- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-06-2024 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. The petitioner seeks bail in connection with Ujiyarpur P.S. Case No. 85 of 2024 registered for the offence under Section 30(a) and 41(i)(ii) of the Bihar Prohibition and Excise Act, 2018.

3. The accused/petitioner is named in the F.I.R. and is in custody since 08.04.2024.

4. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 459 litres of IMFL/country

Patna High Court CR. MISC. No.41187 of 2024(2) dt.13-06-2024 2/3 made liquor.

5. Learned counsel appearing on behalf of the petitioner submitted that petitioner found running by the raiding party from the place of recovery and apprehended with the present case, otherwise he is neither owner nor driver and not even connected with the recovery of alleged liquor. It is also submitted that petitioner is a man of clean antecedent.

6. Learned APP appearing on behalf of the State, opposes the prayer of bail.

7. Considering the facts and circumstances as mentioned above, as recovery of alleged illicit liquor, prima facie, not appears to be made from the conscious physical possession of the petitioner, coupled with the fact as petitioner is in custody since 08.04.2024, accordingly petitioner, above named, is directed to be released on bail in connection with Ujiyarpur P.S. Case No. 85 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.41187 of 2024(2) dt.13-06-2024 3/3 amount each to the satisfaction of learned Special Judge Excise-I, Samastipur/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T