Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55741 of 2025 Arising Out of PS. Case No.-774 Year-2025 Thana- Excise P.S. District- Patna ====================================================== 1.

Raju Kumar S/o Bharat Prasad @ Bharat Sriwastav, Resident of VillageBajitpur, Khalilpura, Kohraul, P/S- Bajitpur, District- Arwal. 2.

Chandan Kumar S/o Anand Prasad, R/o Mohalla- Salimpur Ahra, Dwarikanath Lane Gali No.-03, P/S- Kadamkuan, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate.

For the Opposite Party/s :

Mr. Anish Chandra, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 02-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners apprehend their arrest in connection with Excise P.S. Case No.774 of 2025 instituted under Sections 30(a), 56(b) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 216 liter illegal foreign liquor hidden under the middle seat and rear seat of Mahindra Scorpio vehicle bearing Registration No. BR-29-AY-3086. It is alleged that the petitioners and other coaccused persons fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that petitioners are innocent and have falsely been implicated in this case only on the basis of suspicion. He further submits that petitioners have no concern with the seized liquor or the vehicle

Patna High Court CR. MISC. No.55741 of 2025(2) dt.02-09-2025 2/2 from where the recovery has been made. Learned counsel submits that no incriminating article has been recovered from the conscious possession of petitioners. He further submits that no one had identified the petitioners that they have fled away from the spot. Learned counsel submits that petitioners have no criminal antecedent and they undertake to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioners be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-III, Patna in connection with Excise P.S. Case No.774 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

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