Rajesh Rai @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75838 of 2024 Arising Out of PS. Case No.-347 Year-2024 Thana- PIRBAHOR District- Patna ====================================================== Rajesh Rai @ Rajesh Kumar Son of Vijay Rai Resident of Mohalla- Kargil Gali, PS- Musallahpur, P.S.- Pirbahore, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rohit Kumar, Advocate For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-11-2024 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Pirbahore P.S. Case No. 347 of 2024 registered on 23.06.2024 for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution, a total recovery of 135 liters of country made liquor and 2.160 liters of foreign liquor is the subject matter of the present case which has been alleged to be recovered from a hut which belongs to the present petitioner as per disclosure made by the local people.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that the petitioner has a shop of plastic goods which he used to run in the name of R. K. Houseware and the petitioner is

Patna High Court CR. MISC. No.75838 of 2024(2) dt.12-11-2024 2/2 the sole proprietor of the said shop which is situated in the house of one Manish Chandra, Kargil Gali, Musallahpur Haat, P.S. -Pirbahore, Patna. The name of the petitioner has been informed to the police by his unknown enemies. The petitioner is an honest businessman and a man of means and his antecedent is clean.

5. Learned APP for the State opposes the prayer for bail of the petitioner but submits that his antecedent is clean.

6. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) with two sureties of the like amount each to the satisfaction of the Exclusive Judge, Excise-II, Patna, in connection with Pirbahore P.S. Case No. 347 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dr. Anshuman, J) Ashwini/- U T