Raj Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41064 of 2025 Arising Out of PS. Case No.-174 Year-2025 Thana- PATAHI District- East Champaran ====================================================== Raj Kumar Das S/o Moti Das, R/o Vill.- Jihuli Tola Tinhiya, P.S.- Patahi, Dist.- East Champaran.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 88.500 litres of illicit Nepali liquor has been recovered from the seized motorcycle.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioner. Petitioner is neither driver nor owner of the seized motorcycle in question and he has been
Patna High Court CR. MISC. No.41064 of 2025(2) dt.02-07-2025 2/2 made accused in the present case on the basis of confessional statement of apprehended co-accused person.
5. Learned APP for the State has vehemently opposed the bail petition and submits that petitioner has got two criminal antecedents of similar nature.
6. Considering the fact that 88.500 litres of illicit Nepali liquor has been recovered from the vehicle in question and also considering the fact that petitioner carries two criminal antecedents of similar nature as mentioned in paragraph no. 3 of the bail petition, the prayer for anticipatory bail of petitioner is rejected.
(Prabhat Kumar Singh, J) Shahnawaz/- U T