Raja Kumar @ Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41821 of 2026 Arising Out of PS. Case No.-321 Year-2026 Thana- MAJHAULIA District- West Champaran ====================================================== Raja Kumar @ Sanjay Kumar S/O Kedar Sah Resident of Vill- Amawaman Bazar, Dhangar Toli, Ward No-07, P.S.-Majhauliya, Dist- West Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Sitesh Kashyap, Advocate For the Opposite Party/s :
Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-07-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection with Majhauliya P.S. Case No. 321 of 2026 registered for the offences punishable under Sections 132, 191(2), 190, 126(2), 115(2) & 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.') and section 30(a) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to enter into alleged scuffle with police raiding team arrived at the place of occurrence in connection with search of illicit liquor and, as such, deterred them to discharge from official duties.
4. Learned counsel appearing on behalf of the petitioner submitted that allegation against the petitioner as to deter the
Patna High Court CR. MISC. No.41821 of 2026(2) dt.01-07-2026 2/3 police officials to discharge their official duty, is appearing very much general and omnibus in nature as admittedly the same allegation is available against 10-12 unknown persons.
5. It is submitted that petitioner implicated on the basis of information supplied by local chowkidar without having any connecting materials. It is urged that petitioner is also one of the shopkeeper of the locality and as he refused to sign the seizure memo in the capacity of independent witness, on the request of police personnel, he was implicated with present crime in question. Petitioner claimed clean antecedent.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. In view of the aforesaid factual submissions and by taking note of the fact as allegation against petitioner is appearing very much general and omnibus in nature to deter the police officials as to discharge their official duty during the alleged occurrence, accordingly, above-named petitioner, who is a man of clean antecedent, in the event of his arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court
Patna High Court CR. MISC. No.41821 of 2026(2) dt.01-07-2026 3/3 -II, Bettiah, West Champaran/concerned court in connection with Majhauliya P.S. Case No. 321 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").
(Chandra Shekhar Jha, J) Rajeev/- U T