Rajiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40292 of 2025 Arising Out of PS. Case No.-63 Year-2024 Thana- MAHNAR District- Vaishali ====================================================== 1.

Rajiv Kumar S/O Baleshwar Prasad R/o village-Daulatabad, PS- Kadirganj, Dist- Patna 2.

Ravi Kumar S/O Arjun Yadav R/O Village- Dhanarua, PS-Dhanarua, DisttPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-06-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners apprehend their arrest in connection with Mahnar PS Case No. 63 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 686 litres of liquor was recovered from truck.

4.

Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. The name of the petitioners transpired in this case on the basis of disclosure made by driver and cleaner of the vehicle, who were apprehended on the spot. Learned counsel for the

Patna High Court CR. MISC. No.40292 of 2025(2) dt.27-06-2025 2/2 petitioners, therefore, contends that prima-facie no case is made out against the petitioners. The petitioners have got no concern with the alleged recovery of liquor. The petitioners has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Other coaccused has been granted bail by this Court vide order dated 1505-2024, passed in Cr. Misc. No. 37204 of 2024. 5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mahnar PS Case No. 63 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T