Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68640 of 2025 Arising Out of PS. Case No.-125 Year-2025 Thana- Bankebazar District- Gaya ====================================================== Raj Kumar Son of Buttu Yadav @ Buta Yadav R/O Village- Kosmahi, P.S.- Hanterganj, District- Chatra (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and Mr. Rajendra Prasad Nat, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. The case of the prosecution is that altogether 125 liters of country made liquor was recovered from a bike. Petitioner was driving that bike.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence. Learned counsel has further stated that nothing has been recovered from the possession of the petitioner rather he was going in some relation and he was framed in this case only on the basis of his criminal antecedents. Learned counsel has

Patna High Court CR. MISC. No.68640 of 2025(2) dt.24-09-2025 2/2 further submitted that the witnesses of the seizure list are police personnel. Learned counsel has stated that the petitioner is in judicial custody since 27.08.2025.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer of bail to the petitioner and has submitted that the petitioner is having criminal antecedent of two cases of similar nature.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail with a condition that the petitioner shall not indulge in similar nature of offences in future. The above named petitioner is directed to be released on bail in connection with Banke Bazaar P.S. Case No. 125 of 2025 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 Excise court no.-3, Gaya.

(Ashok Kumar Pandey, J) durgesh/- U T