Raja Kumar @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50900 of 2024 Arising Out of PS. Case No.-231 Year-2024 Thana- GORAUL District- Vaishali ====================================================== Raja Kumar @ Raja S/o Surendra Singh Propritor of Raja Store, Belsar, R/o vill - Karneji, P.S. - Vaishali (O.P Belsar), Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr .Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Goraul P.S. Case No. 231 of 2024 instituted under Sections 30(a), 32(ii), 41(i) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 734.4 litres illicit Indian-made foreign liquor was recovered from the pick-up van and the apprehended person revealed that the petitioner had given the said pick-up van to him.

4. Learned counsel for the petitioner submits that the petitioner having no criminal antecedent has been falsely implicated in this case. Except confessional statement of other co-accused who was arrested, there is nothing material against the petitioner. The petitioner was not present on the spot nor any

Patna High Court CR. MISC. No.50900 of 2024(2) dt.21-08-2024 2/2 incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized pick-up van or illicit liquor as well as the other accused persons. The petitioner undertakes to co-operate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Excise Court No.1-Cum-Additional District and Sessions Judge, Vaishali at Hajipur in connection with Goraul P.S. Case No. 231 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. Harshita/- (Sunil Dutta Mishra, J) U