Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65338 of 2025 Arising Out of PS. Case No.-102 Year-2025 Thana- MITHANPURA District- Muzaffarpur ====================================================== Raju Kumar S/o Rudal Ram @ Hardev Sah Resident of Village/ MohallaMadhuban, P.S.- Kudhni, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sagar Kumar For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Mithanpura P.S. Case No. 102 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. As per prosecution case, 3.750 litre illicit liquor was recovered from rented room of the petitioner

4. Learned counsel for the petitioner submits that petitioner is not the owner of the said place from where the alleged recovery has been made. Petitioner has nothing to do with the alleged recovery. There is no compliance of Section

Patna High Court CR. MISC. No.65338 of 2025(2) dt.24-09-2025 2/3 103 of BNSS. Petitioner was not found at the place of occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner is innocent and has committed no offence as alleged in the FIR. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act. Petitioner bears criminal antecedent of two cases in which he is on bail. He further submits that just because of having criminal antecedents, petitioner has falsely been implicated in the present case.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory 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 Judge, Excise-III, Muzaffarpur in connection with Mithanpura P.S. Case No. 102 of 2025, subject to the conditions as laid

Patna High Court CR. MISC. No.65338 of 2025(2) dt.24-09-2025 3/3 down under Section 482 (2)of BNSS.

7. The application stands allowed.

(Alok Kumar Pandey, J) alok/- U T