Raj Kapoor v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40131 of 2025 Arising Out of PS. Case No.-297 Year-2025 Thana- MAJHAULIA District- West Champaran ====================================================== Raj Kapoor S/O Munna Prasad @ Sanjiv Prasad R/O Village- Karamwa, PSMajhaulia, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mayank Mohan, Advocate For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Majhaulia PS Case No. 297 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act. 3.
The prosecution case, in short, is that 240 liters spirit was recovered from poultry farm.
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. It is submitted that petitioner was arrested from the spot, but he has became the
Patna High Court CR. MISC. No.40131 of 2025(2) dt.26-06-2025 2/2 victim of the circumstances. Petitioner is not the owner of the poultry farm in question and he has no concern with the same. The petitioner is in custody since 21-05-2025 and has got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.
5.
Learned A.P.P. 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, clean antecedent of the petitioner 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Majhaulia PS Case No. 297 of 2025.
(Rudra Prakash Mishra, J) Raj Kishore/- U T