Raja Kumar @ Raja Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52381 of 2025 Arising Out of PS. Case No.-55 Year-2025 Thana- Garahara District- Begusarai ====================================================== Raja Kumar @ Raja Sah S/O Ramnandan Sah R/O Village- Baro Salempur, Ward No. 16, P.S- Gahhara, Dist.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh, Adv.

For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gadhhara P.S. Case No. 55 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 43.92 liters of illicit foreign liquor from two sacs.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case at the instance of the enemy of the petitioner. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner rather the alleged foreign liquor has been recovered from the Baro Sahu Market in a shop.

Patna High Court CR. MISC. No.52381 of 2025(2) dt.07-08-2025 2/2 The aforesaid Baro Sahu Market belongs to one late Kaushalya Devi and his two sons. The petitioner has no concern with the seized liquor. The petitioner has never indulged either in manufacturing or trading of the illicit liquor. There is a noncompliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has one criminal antecedent and is languishing in judicial custody since 28.06.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gadhhara P.S. Case No. 55 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T