Rajiv Kumar @ Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71307 of 2025 Arising Out of PS. Case No.-409 Year-2025 Thana- JHAJHA District- Jamui ====================================================== Rajiv Kumar @ Rajeev Kumar S/o- Ram Jatan Ray, R/v- Sarai Ranjan PsSamasripur Dist- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Ankita Kumari, Advocate.

For the Opposite Party/s :

Ms. Sangeeta Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Sections 30(a) & 32 of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 822 litre illicit foreign liquor from three white color Scorpio vehicle bearing Registration No. BR-46P-6555, BR-46P-4942 & BR05H-5986 and three co-accused persons were apprehended on the spot who disclosed the names of petitioner and other coaccused as fled away persons.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of disclosure statement of co-accused. He further submits that petitioner had taken lift from the co-accused persons for going to Jamui and he had no knowledge that illicit

Patna High Court CR. MISC. No.71307 of 2025(2) dt.08-10-2025 2/2 liquor was kept in the vehicle in question. Learned counsel submits that no incriminating article has been recovered from the conscious possession of petitioner. He further submits that petitioner has no concern either with the alleged seized liquor or with any of the seized vehicle. Learned counsel submits that seizure list has not been prepared in accordance with mandatory provisions of law. He further submits that petitioner is in custody since 22.08.2025 and he has got clean antecedent. Learned counsel submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the investigation and trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned in connection with Jhajha P.S. Case No.409 of 2025. (Sunil Dutta Mishra, J) Ritik/- U T