Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48723 of 2025 Arising Out of PS. Case No.-366 Year-2025 Thana- AGAMKUAN District- Patna ====================================================== 1.
Raja Kumar S/o Kundan Prasad @ Kundan Bind R/o Village- Gaurichak, Musnapur Kansari, P.S.- Gaurichak, District- Patna 2.
Raju Kumar S/o Kundan Prasad @ Kundan Bind R/o Village- Gaurichak, Musnapur Kansari, P.S.- Gaurichak, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Diwakar, Adv.
Mr. Shivam Kumar, Adv.
Mr. Deepak Kumar, Adv.
Ms. Priya Kumari, Adv.
For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-08-2025 Heard Mr. Diwakar, learned counsel for the petitioners and Mr. Shyam Kumar Singh, learned APP for the State.
2.The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Agamkuan, Patna P.S. Case No. 366 of 2025 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that altogether 46 litres of country-made liquor was recovered, and on being asked, the name of these petitioners was disclosed by the
Patna High Court CR. MISC. No.48723 of 2025(2) dt.05-08-2025 2/3 villagers.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. He also submits that from perusal of the seizure list, it will transpire that the recovery has been made from TV Tower, Jhoparpatti. No recovery has been made from the possession of these petitioners. Their name has surfaced only on the basis of statement of co-villagers. He further submits that a statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent.
5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioners.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Agamkuan P.S. Case No. 366 of 2025, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge
Patna High Court CR. MISC. No.48723 of 2025(2) dt.05-08-2025 3/3 Excise, Patna City, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) Sudhanshu/- U T