Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74218 of 2025 Arising Out of PS. Case No.-367 Year-2025 Thana- DEHRI TOWN District- Rohtas ====================================================== Raja Kumar S/O Rajesh Singh @ Rajesh Kumar R/O Vill.- Rajputana Muhalla Kali Asthan, P.s.- Dehri (T), Dist.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-11-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 285.435 litres of liquor from a swift dzire car.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and seized vehicle does not belong to the petitioner and he came to be implicated based on disclosure made by Gaurav Sharma, who is owner of the park.

Patna High Court CR. MISC. No.74218 of 2025(2) dt.04-11-2025 2/3

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum of Rs.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Court No.1, Rohtas at Sasaram in connection with Dehri (T) P. S. Case No.367 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than one case, then it would be presumed that petitioner for the purposes of obtaining anticipatory bail had concealed his antecedent before this Court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner has antecedent of only one case, in that event, the

Patna High Court CR. MISC. No.74218 of 2025(2) dt.04-11-2025 3/3 provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) vikash/- U T