Riju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57952 of 2025 Arising Out of PS. Case No.-54 Year-2025 Thana- Jai Bajrang District- East Champaran ====================================================== Riju Kumar, S/O Sharma Chaudhary R/o vill - Kharki Kuwaha, P.S.- Chakia, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Kumar Tiwari, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Jay Bajrang P.S. Case No. 54 of 2025 for the offences registered under Section 30(a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, on secret information, police party reached at the marked place and saw a person was coming on Apache motorcycle who started fleeing away seeing the police but on chase he was apprehended and disclosed his name as petitioner. On being searched, 80 litre country made liquor was recovered from the shoulder bag.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner is neither driver nor owner of the seized motorcycle. He

Patna High Court CR. MISC. No.57952 of 2025(2) dt.04-09-2025 2/2 has no concern with the seized liquor. Petitioner is a local person of the locality from where the recovery was made. Petitioner had gone for morning walk, however, he was apprehended by the police on suspicion. There is no independent witness to the occurrence. There is violation of Section 103 of the B.N.S.S. Petitioner is a young boy of 23 year. Petitioner has no criminal antecedent. He is in judicial custody since 26.06.2025. Petitioner undertakes to co-operate in the trial.

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 and facts and circumstances of the case, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Civil Court, East Champaran, Motihari in connection with Jay Bajrang P.S. Case No. 54 of 2025.

(Sunil Dutta Mishra, J.) rakhi/- U T