Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43759 of 2025 Arising Out of PS. Case No.-1349 Year-2024 Thana- SAHARSA SADAR District- Saharsa ====================================================== Raja Kumar S/o Arvind Kumar @ Arvind Yadav R/o Village- Bajnath Patti, Ward No. 11, P.S. and District- Saharsa Sadar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar Singh, Advocate For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-07-2025 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Saharsa Sadar P.S. Case No. 1349 of 2024 registered on 08.12.2024 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per prosecution, total recovery of 96.5 liters illegal Codine cough syrup is the subject matter of the present case.
4. It is submitted by the learned counsel for the petitioner that the petitioner is innocent and has committed no offence. In fact, the alleged recovery has not been made from the conscious possession of the petitioner; rather, it has been made from a PACS godown. The petitioner has no connection
Patna High Court CR. MISC. No.43759 of 2025(2) dt.16-07-2025 2/2 whatsoever with the said recovery, nor is he the owner of the PACS godown or in any manner associated with its functioning. It is further submitted that the petitioner has a clean criminal antecedent.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the antecedent of the petitioner is clean.
6. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the Exclusive Special Judge, Excise-II, Saharsa, in connection with Saharsa Sadar P.S. Case No. 1349 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Dr. Anshuman, J) Ashwini/- U T