Raja Kumar @ Raja Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42495 of 2023 Arising Out of PS. Case No.-31 Year-2023 Thana- SONBERSA District- Sitamarhi ====================================================== Raja Kumar @ Raja Babu, Son Of Rajan Sah @ Rajan Kumar @ Rajan Prasad R/O Village - Bhavdepur, P.S.- Riga, Dist.- Sitamarhi. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 414 of the I.P.C. and Section 30(a) of the Excise Act, 2018. The learned counsel for the petitioner submits that the petitioner has antecedent of five cases and the allegation is of recovery of 252 litres of liquor from a Bolero vehicle. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on confessional statement of Ayush Jha in police custody, which has no evidentiary value and even petitioner is not the owner of the seized vehicle and he came to

Patna High Court CR. MISC. No.42495 of 2023(2) dt.11-07-2023 2/2 be implicated because of his antecedents by the police through Ayush Jha.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-1, Sitamarhi in connection with Sonbarsa P. S. Case No.31 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T