Raj Kumar @ Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55286 of 2025 Arising Out of PS. Case No.-244 Year-2025 Thana- OBRA District- Aurangabad ====================================================== Raj Kumar @ Raja S/o Krishna Kumar @ Krishna Chaudhari R/o Vill- Local Bigha, Atrauli, Ratanpur, P.S.- Obra, Distt- Aurangabad, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Rupa Kumari, Advocate For the Opposite Party/s :
Ms. Indu Kumari Srivastava, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of 223.5 litres of illicit liquor from the side of the road leading from village Koraipur to Ramlagan Bigha.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to village politics. Further submission is that the alleged recovery has been made from an open place easily accessible to anyone. Petitioner has no concern with the seized illicit liquor. Nothing has been recovered from the conscious possession of the petitioner. There is non-compliance of the
Patna High Court CR. MISC. No.55286 of 2025(2) dt.27-08-2025 2/2 mandatory provision of Section 103 of B.N.S.S. Petitioner has one criminal antecedent in which he is on bail. Petitioner undertakes to cooperate in the investigation and 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No. 2, Aurangabad, Bihar in connection with Obra P.S. Case No. 244 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.
(Sunil Dutta Mishra, J) utkarsh/- U T