Raj Kumar Bhuiya @ Kallu Bhuiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67660 of 2025 Arising Out of PS. Case No.-276 Year-2025 Thana- Excise P.S. District- Rohtas ====================================================== Raj Kumar Bhuiya @ Kallu Bhuiya S/o Sitaram Bhuiya Resident of villageNew Gangauli, PS- Dalmianagar, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Kant For the Opposite Party/s :

Mrs. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise Case No. 647 of 2025, F.I.R. No. 276 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the F.I.R., recovery of total 80 litres of country made liquor has been made near the house of Kallu Bhuiya (petitioner) which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.67660 of 2025(2) dt.24-09-2025 2/3 this case. He has got no criminal antecedent. Nothing has been recovered from the conscious possession of the petitioner rather alleged recovery was made in front of the door of the petitioner. He has no concern with the alleged recovered liquor. Learned counsel further submits that seizure list is quite illegal because both the seizure list witnesses are members of raiding party. Petitioner is in custody since 08.08.2025.

5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

6. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 1, Rohtas at Sasaram in connection with Excise Case No. 647 of 2025, F.I.R. No. 276 of 2025 subject to the following conditions :- (i). Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable

Patna High Court CR. MISC. No.67660 of 2025(2) dt.24-09-2025 3/3 cause, the bail bond of the petitioner may be cancelled by the Trial Court.

(ii). One of the bailor shall be his family member. (S. B. Pd. Singh, J) Ankit Kumar/- U T