Raja Kumar @ Raja Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73153 of 2025 Arising Out of PS. Case No.-499 Year-2025 Thana- Excise P.S. District- Siwan ====================================================== Raja Kumar @ Raja Kumar Gupta S/O Triloki Prasad Resident of VillageFatehpur, P.S.- Siwan Town. District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arbind Kumar Singh For the Opposite Party/s :

Mrs. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 15-10-2025 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 Siwan Excise P.S. Case No. 499 of 2025 registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the F.I.R., recovery of 110.685 liters of foreign liquor has been made from an autorickshaw 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 this case. He has got no criminal antecedent. He has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner rather the alleged

Patna High Court CR. MISC. No.73153 of 2025(2) dt.15-10-2025 2/2 recovery has been made from the vehicle in question. The petitioner is the driver of the said auto-rickshaw and employee of the owner of the alleged vehicle. Petitioner is in custody since 02.08.2025.

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 Excise, Judge-II, Siwan in connection with Siwan Excise P.S. Case No. 499 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 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