Raja Kumar @ Ayush Kumar @ Raja Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76710 of 2023 Arising Out of PS. Case No.-337 Year-2023 Thana- Excise P.S. District- Begusarai ====================================================== Raja Kumar @ Ayush Kumar @ Raja Paswan, Male, aged about 26 years, son of Ramesh Paswan, resident of village- Mosadpur, Ward No. 5, PS- Refinery OP, Distt- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Advocate Ms. Divya Bharti, Advocate For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Excise PS Case No.337 of 2023 dated 29.07.2023, instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is of recovery of 394.20 litres foreign liquor from a dilapidated house situated behind the shop of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing has been recovered from the shop of the petitioner. Recovery has been made from a dilapidated house situated behind the shop of the petitioner and the petitioner has

Patna High Court CR. MISC. No.76710 of 2023(2) dt.29-11-2023 2/2 no concern with the same. Lastly, it has been submitted that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge II, Excise Act, Begusarai, in Excise PS Case No.337 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T