Raj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62364 of 2025 Arising Out of PS. Case No.-225 Year-2025 Thana- BALIYA District- Begusarai ====================================================== Raj Kumar Son of Indradeo chaudhary @ Indradev Chaudhary Resident of Village - Bhagatpur, P.S. - Baliya, District - Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prabhat For the Opposite Party/s :
Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-09-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Baliya (Ballia) Police Station Case No. 225 of 2025, dated 07.06.2025, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution story, as per the First Information Report, is that on 07.06.2025, the police, on secret information that illicit liquor was being unloaded near Shiv Mandir, Bhagatpur, reached at the place of occurrence. Upon search, a total of 19.875 litres of foreign liquor was recovered and two motorcycles parked at the spot were also seized.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.62364 of 2025(2) dt.24-09-2025 2/3 petitioner has falsely been implicated in the present case merely because he happens to be the registered owner of the motorcycle, bearing Registration No. BR09-AS-1103. He next submits that illicit has not been recovered from conscious possession of the petitioner and/or vehicle belong to him, rather, the same has been recovered from a field near Shiv Mandir which is open space accessible to all and sundry. The petitioner has got no criminal antecedent.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner has got no criminal antecedent and illicit liquor has not been recovered from conscious possession of the petitioner and/or vehicle belonging to him, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise 2, Begusarai, in connection with Baliya
Patna High Court CR. MISC. No.62364 of 2025(2) dt.24-09-2025 3/3 (Ballia) Police Station Case No. 225 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T