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Patna High CourtCR. MISC./39226/2025allowed

Rajeev Kumar @ Rajiv Kumar v. The State Of Bihar

2025-07-01Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39226 of 2025 Arising Out of PS. Case No.-89 Year-2025 Thana- DESARI District- Vaishali ====================================================== Rajeev Kumar @ Rajiv Kumar, S/o Ravindra Ray, R/o Village-Jakkopur, P.SMahnar, District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Bela Singh, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 01-07-2025 Heard Mrs. Bela Singh, learned counsel for the petitioner and Mr. Pradeep Narain Kumar, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Desari (Chandpura) P.S. Case No. 89 of 2025 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from the house of Dhiraj Kumar, 20 liters of spirit, punching machine and other articles were recovered. While Dhiraj was being interrogated, he disclosed that the spirit belongs to the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.39226 of 2025(2) dt.01-07-2025 2/2 committed no offence. He has falsely been implicated in this case. Nothing has been recovered from his possession. His name has surfaced in the statement of co-accused. He is having no criminal antecedent.

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

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Desari (Chandpura) P.S. Case No. 89 of 2025, he will 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 learned Exclusive Special Excise Court No. I-cum-District and Additional Sessions Judge, Vaishali at Hajipur, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) lata/- U T