Patna High CourtCR. MISC./48379/2025bail granted

Raj Kapoor Sah @ Raj Kapoor v. The State Of Bihar

2025-08-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48379 of 2025 Arising Out of PS. Case No.-346 Year-2024 Thana- BAJPATTI District- Sitamarhi ====================================================== Raj Kapoor Sah @ Raj Kapoor Son of Gauri Shankar Sah Village - Madhurapur P. S - Bajpatti Dist. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Santosh Kumar, Advocate For the State :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 315 litres illicit Nepali liquor was recovered from the seized tempo.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is neither owner nor driver of the vehicle in question. No incriminating article has been recovered from conscious possession of this petitioner and has been made an accused in this case merely on suspicion. Petitioner is in custody since 25.06.2025. Moreover, charge-sheet has already been submitted.

Patna High Court CR. MISC. No.48379 of 2025(2) dt.29-08-2025 2/2

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the nature of accusation, the fact that no incriminating article has been recovered from conscious possession of this petitioner and period of custody, the prayer for grant of bail to the petitioner is allowed.

7. Accordingly, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-2, Sitamarhi in connection with Bajpatti P.S. Case No. 346 of 2024.

(Prabhat Kumar Singh, J) shashank/- U T