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Patna High CourtCR. MISC./70747/2025bail granted

Rajababu Kumar @ Rajababu v. The State Of Bihar

2025-10-14Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70747 of 2025 Arising Out of PS. Case No.-564 Year-2025 Thana- MANER District- Patna ====================================================== RAJABABU KUMAR @ RAJABABU S/o- Late Sunil Singh R/v- Baluan Balua Ps- Maner Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-10-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Maner P.S. Case No. 564 of 2025 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act lodged on 07.08.2025 by the informant, Manoj Kumar.

3. As per the prosecution story, the informant alleged that on secret information, the Police raided the house and near the bush, there is recovery/seizure of 33.12 liters of foreign liquor. This led to the FIR.

4. Learned counsel for the petitioner submits that because of his criminal antecedents, got implicated, nothing has been recovered from the conscious possession and if granted bail, he shall be diligently appearing in trial.

5. Learned APP opposes the prayer submitting that the

Patna High Court CR. MISC. No.70747 of 2025(2) dt.14-10-2025 2/3 petitioner has criminal antecedents.

6. Taking into account the submissions of the parties as also that nothing has been recovered from his conscious possession and an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Excise Judge, Danapur, Patna in connection with Maner P.S. Case No. 564 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned

Patna High Court CR. MISC. No.70747 of 2025(2) dt.14-10-2025 3/3 police station every fortnight for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T