Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58471 of 2025 Arising Out of PS. Case No.-576 Year-2022 Thana- SHIVSAGAR District- Rohtas ====================================================== Rajesh Kumar Son of Sudama Bind, Resident of Village - Baddi, P.S.- Shivsagar or Sheosagar, District - Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Babu Nandan Prasad, Advocate.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Shivsagar (Baddi O.P.) or Sheosagar (Baddi O.P.) P.S. Case No.576 of 2022 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 15 litre illicit country made liquor kept in a plastic bag on the road situated near Raipur-Chor and it is alleged that the said illicit liquor was thrown by the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to village politics. He further submits that the petitioner was not present on the spot and no incriminating article has been recovered from his conscious possession.

Patna High Court CR. MISC. No.58471 of 2025(2) dt.22-09-2025 2/2 Learned counsel submits that seizure list has not been prepared in accordance with mandatory provisions of law. He further submits that petitioner has no concern with the alleged seized liquor. Learned counsel submits that petitioner has got clean antecedent and he undertakes 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 petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.2, Rohtas at Sasaram in connection with Shivsagar (Baddi O.P.) or Sheosagar (Baddi O.P.) P.S. Case No.576 of 2022, 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