Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57837 of 2025 Arising Out of PS. Case No.-113 Year-2025 Thana- SANGRAMPUR District- Munger ====================================================== Rajesh Kumar, S/o Ganga Prasad Mahto R/o village - Dhatha , Police station - Rosera , District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahendra Pratap, Advocate For the Opposite Party/s :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Sangrampur P.S. Case No. 113 of 2025 for the offences registered under Sections 318(4), 317(5) of the B.N.S.S. and Sections 30(a), 32 of the Bihar Prohibition & Excise Act.
3. On secret information, police intercepted a Tata Ace Magic Pick-up van bearing Registration No. BR01 GN 2647, loaded with illicit liquor, which was driven by the petitioner. He was apprehended on the spot. He disclosed that the said illicit liquor belonged to the persons sitting in the Scorpio Vehicle which was following the Pick-up Van. They were apprehended on the spot. On search, total 463.32 litres illicit liquor was recovered from the two vehicles.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.57837 of 2025(3) dt.15-10-2025 2/3 petitioner is innocent and has falsely been implicated in this case being driver of the said Tata Ace Magic vehicle. Petitioner is neither owner of the said Pick-up Van nor he has any concern with the seized liquor. Petitioner being the driver followed the instruction of the owner of the said vehicle. There is no independent witness to the seizure-list. Petitioner has no criminal antecedent. He is in custody since 06.07.2025. Chargesheet has already been submitted in this case. There is no chance of absconding the petitioner or tampering with the evidence. Similarly situated co-accused persons, namely, Aman Kumar, Pappu Kumar, Nikhil Kumar and Raja Kumar have already been granted bail by this Court, vide order dated 21.08.2025 passed in Cr. Misc. No. 56862 of 2025, order dated 24.09.2025 passed in Cr. Misc. No. 61050 of 2025 and order dated 08.10.2025 passed in Cr. Misc. No. 71157 of 2025 respectively.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.57837 of 2025(3) dt.15-10-2025 3/3 satisfaction of learned Exclusive Special Judge, Excise-II, Munger in connection with Sangrampur P.S. Case No. 113 of 2025.
(Sunil Dutta Mishra, J.) rakhi/- U T