Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76718 of 2025 Arising Out of PS. Case No.-20 Year-2019 Thana- DIGHWARA District- Saran ====================================================== Rajesh Kumar Son of Shish Ram Singh @ Daan Singh R/o Village- Kailing, P.S.- Sadar, District- Bhiwani, State- Haryana ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivanand Singh, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Dighwara P.S. Case No. 20 of 2019 instituted for the offences punishable under Sections 272 and 273 of the I.P.C. and Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 2313.36 liters liquor was recovered from truck.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. The petitioner is not named in the F.I.R. No

Patna High Court CR. MISC. No.76718 of 2025(2) dt.12-11-2025 2/3 incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The name of the petitioner has transpired as being owner of the truck in question and he had no knowledge regarding nature of goods booked by the transporter. The truck was used for transportation purposes within the state but the driver of the said truck took the truck outside without knowledge to the petitioner. The petitioner is in custody since 27.09.2025 and has got clean criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with

Patna High Court CR. MISC. No.76718 of 2025(2) dt.12-11-2025 3/3 two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dighwara P.S. Case No. 20 of 2019.

(Rudra Prakash Mishra, J) Pankaj/- U T