Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72362 of 2025 Arising Out of PS. Case No.-223 Year-2025 Thana- Excise P.S. District- Samastipur ====================================================== Rajeev Kumar S/o Anandi Ray R/o - Ward No. 31, Dhurlakh, P.S - Muffasil, District - Samastipur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Keshav Bhardwaj, Advocate For the Opposite Party/s :

Ms.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-10-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Samastipur Sadar Excise P.S. Case no.223 of 2025, registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 180 litres of IMFL was recovered from an agricultural land which is said to be in possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of his antecedents. He has no concern with the seized liquor. From the contents of the FIR and the seizure list itself it would transpire that the alleged place of recovery is an open agricultural land

Patna High Court CR. MISC. No.72362 of 2025(2) dt.16-10-2025 2/2 accessible to all and which cannot be said to be under the exclusive control of this petitioner. The petitioner undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R and especially the place of recovery of the seized liquor being an open agricultural land, in the facts of the case, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Samastipur Sadar Excise P.S. Case no.223 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-II, Samastipur. (Partha Sarthy, J) Shiv/- U T