Rajan @ Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42808 of 2026 Arising Out of PS. Case No.-357 Year-2025 Thana- PARIHAR District- Sitamarhi ====================================================== Rajan @ Rajan Kumar Son of Raman Mukhiya Resident of Village- Mahuain, P.S.- Bajpatti, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-07-2026 Heard Mr.Ashok Kumar Jha, learned counsel for the petitioner and Ms.Suman Kumari Singh, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 12.05.2026 in connection with Parihar P.S. Case No. 357/2025, F.I.R. dated 09.12.2025 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. Recovery is of 1341 liters of Nepali Gaurav country made liquor.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. It appears from the FIR that nothing has been recovered from conscious

Patna High Court CR. MISC. No.42808 of 2026(2) dt.06-07-2026 2/3 possession of the petitioner rather the recovery has been made from the motorcycle in question and petitioner has no role at all in the present occurrence. The name of the petitioner has been transpired during investigation on the basis of the disclosure made by the apprehended co-accused person and except the aforesaid, nothing has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and the petitioner is in custody since 12.05.2026.

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

6. Considering the aforesaid fact, petitioner has clean antecedent and name of the petitioner has been transpired during investigation on the basis of the disclosure made by the apprehended co-accused person, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Exclusive Excise Court No.1, Sitamarhi in connection with Parihar P.S. Case No. 357/2025, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.42808 of 2026(2) dt.06-07-2026 3/3 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that 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 above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T