Patna High CourtCR. MISC./40126/2025bail granted

Md. Raja v. The State Of Bihar

2025-06-25Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40126 of 2025 Arising Out of PS. Case No.-812 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== Md. Raja Son of Md. Sultan Resident of Village- Goushala Rani Ghat, P.S.- Sahayak, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Musowir, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Katihar Town (Sahayak) P.S. Case No. 812 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 55 liters liquor was recovered from plastic sack.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel

Patna High Court CR. MISC. No.40126 of 2025(2) dt.25-06-2025 2/2 for the petitioner also submits that the petitioner was not arrested from the place of occurrence. Name of the petitioner has transpired in this case on the basis of disclosure made by local people. It is further submitted that the petitioner has got no concern with the plastic sack. The petitioner is in custody since 19.03.2025 and has got one criminal antecedent in which he is on bail. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Katihar Town (Sahayak) P.S. Case No. 812 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T