Rajeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52562 of 2025 Arising out of PS. Case No.-399 Year-2025 Thana- PIRBAHOR District- Patna ====================================================== Rajeev Kumar, S/o Shiv Nath Mahto, R/o Village- Near Chhaukiya, P.S.- Gangabridge, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Remy Singh, Advocate For the Opposite Party/s:
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
2. The petitioner is apprehending his arrest in a case instituted for the offences under Section 30(a) of Bihar Prohibition and Excise Act. He has no criminal antecedent.
3. As per the prosecution case, the police during patrolling intercepted two motorcycles and it was being ridden by three persons, the police chased and apprehended one person while three persons managed to flee. It is further alleged that on search of both the motorcycles, 50 litres country-made liquor was recovered.
4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR and his name has surfaced during the course of investigation and it was found that one
2/4 Scooty bearing No. BR-01JE 9185 was registered in the name of the petitioner. Learned counsel for the petitioner further submits that no incriminating article has been recovered from the conscious possession of the petitioner. It is also submitted by learned counsel for the petitioner that Scooty was being used by one of the friend namely Kundan Kumar and petitioner has no concern with the alleged recovered article. It is lastly submitted by learned counsel for the petitioner that the petitioner has clean antecedent.
5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of learned counsel, the petitioner, above named, is directed to be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-2, Patna in connection with Pirbahore P.S. Case No. 399 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of BNSS as well as subject to the following conditions:-
3/4 (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.
(iv) And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of the same or in the name of verification.
(v) If the petitioner is found to be engaged in any other incident of similar nature
4/4 the prosecution shall be at liberty to approach the learned Court below for cancellation of bail of the petitioner.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) Vikash/- U T