Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57665 of 2025 Arising Out of PS. Case No.-119 Year-2025 Thana- TAJPUR District- Samastipur ====================================================== Raju Kumar S/o Devendra Yadav @ Devendra Ray Resident of Nauachak, P.S.- Sarairanjan, District- Samastipur and Presently Residing at ward no. 6, Harishankarpur, Baghauni, P.S.- Tajpur, Samastipur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Keshav Bhardwaj, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 02-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is recovery of 1240.92 litres of Indian made foreign liquor from a Bolero vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner was neither apprehended on the spot nor he has any concern with the seized liquor or the vehicle. Nothing incriminating has been recovered from conscious possession of the petitioner. Except disclosure statement made by apprehended accused, there is nothing against the petitioner.

Patna High Court CR. MISC. No.57665 of 2025(2) dt.02-09-2025 2/2 The petitioner has two criminal antecedents out of which one belongs to the Excise Act and in both cases he is on bail. Petitioner undertakes to cooperate in the investigation and the 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, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise II, Samastipur in connection with Tajpur P.S. Case No.119 of 2025, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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