Rajan Kumar @ Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58117 of 2025 Arising Out of PS. Case No.-165 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== Rajan Kumar @ Rajnish Kumar S/o Ramdeo Bhagat @ Dhrup Bhagat @ Dhruv Bhagat R/o Village- Katahariya Tola, P.S-Banjariya, District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Adv For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Section 274, 275 of the B.N.S. and Section 30(a) , 41 of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 100 liters of country made wine has been recovered from the motorcycle bearing registration no. BR05R4282. The co-accused Dinesh Kumar @ Mahesh Kumar was arrested on the spot and he disclosed the name of the petitioner that he fled away from the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the name of the petitioner has been disclosed by the Co-accused Dinesh Kumar @ Mahesh Kumar due to inimical term with the petitioner. No incriminating article

Patna High Court CR. MISC. No.58117 of 2025(2) dt.04-09-2025 2/2 has been recovered from the conscious possession of the petitioner. Petitioner has no concern either with the alleged seized liquor or with motorcycle from where the liquor was seized. The petitioner is in jail custody since 21.06.2025. The petitioner has one criminal antecedent in which he is on bail. He further submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the investigation and trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees 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 at Motihari in connection with Banjariya P.S. Case No. 165 of 2025.

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