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Patna High CourtCR. MISC./54633/2025allowed

Raju Kumar v. The State Of Bihar

2025-08-27Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54633 of 2025 Arising Out of PS. Case No.-281 Year-2019 Thana- NADI P.S. District- Patna ====================================================== Raju Kumar S/o- Yogendra Ray @ Yogendra Yadav, Resident of Bagajafar Khan Gulamahiya Chak, Sabalpur Patna City, Ps- Nadi Dist- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Md. Mushtaque Alam, 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 his arrest in connection with Nadi P.S. Case No.281 of 2019 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 255 liter country made liquor from the tempo bearing Registration No. BR-01-PA-8628.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to village politics. He further submits that no incriminating article has been recovered from the conscious possession of petitioner. Learned counsel submits that petitioner has no concern either with the seized liquor or the seized tempo.

Patna High Court CR. MISC. No.54633 of 2025(2) dt.27-08-2025 2/2 Learned counsel submits that petitioner was not present on the spot and except the suspicion, there is no material against him. He further submits that petitioner has no criminal antecedent and he 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 and the fact that petitioner has no criminal antecedent and he has no concern with the seized tempo, 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 Exclusive Special Court, Excise, Patna City in connection with Nadi P.S. Case No.281 of 2019, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) Ritik/- U T