Raja Yadav @ Raja Kumar @ Raju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68520 of 2025 Arising Out of PS. Case No.-270 Year-2025 Thana- MUNGER MUFFASIL District- Munger ====================================================== Raja Yadav @ Raja Kumar @ Raju Kumar son of Kisho Yadav, Resident of Vill- Shankarpur, PS- Muffasil, ist- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shubhesh Pandey, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-10-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Muffasil P.S.Case No.270 of 2025, registered for the offences punishable under 30(a) of Bihar Prohibition and Excise Act.
3. As per the allegation made in the FIR, total 89.29 ltrs. of liquor has been recovered from the road side in front of Shankarpur Ashram. The petitioner has been alleged to be smuggler to sale the illicit liquor.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.68520 of 2025(2) dt.08-10-2025 2/3 petitioner submitted that the petitioner is innocent and he has criminal antecedent of one case, which is of different nature, due to which the petitioner has been made accused in the present case. Learned counsel further submitted that the recovery of the liquor has been made from road side, which is the open place and accessible to anyone.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions of the parties, as well as, considering the fact that the recovery of the liquor has been made from open place, which is accessible to anyone, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Jduge, Excise-II, Munger in connection with Muffasil P.S.Case No.270 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of BNSS.
7. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been
Patna High Court CR. MISC. No.68520 of 2025(2) dt.08-10-2025 3/3 stated in paragraph No.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) chn/- U T