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Patna High CourtCR. MISC./47149/2025allowed

Rajababu Kumar v. The State Of Bihar

2025-09-03Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47149 of 2025 Arising Out of PS. Case No.-600 Year-2025 Thana- Excise P.S. District- East Champaran ====================================================== Rajababu Kumar, S/o Gopaljee Sah, R/o Village- Fulwariya, P.S.- Bairiya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Excise P.S. Case No. 600 of 2025 for the offence registered under Sections 30 (a) of the Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, total 62 litres of beer wine was recovered from possession of the petitioner and the other co-accused Sahir Khan near Semara Railway Station.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He has no concern with the alleged recovery. There is no independent witness to seizure list which is violation of the provision under Section 103 BNSS. Charge-sheet has already

Patna High Court CR. MISC. No.47149 of 2025(3) dt.03-09-2025 2/2 been submitted and there is no chance of absconding or tampering with the evidence. Petitioner is in jail custody since 28.04.2025 having no criminal antecedent.

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

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge- 2, East Champaran, Motihari in connection with Excise P.S. Case No. 600 of 2025. (Sunil Dutta Mishra, J) khushbu/- U T