Raja Kumar @ Raja Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82452 of 2025 Arising Out of PS. Case No.-340 Year-2022 Thana- KADAMKUAN District- Patna ====================================================== Raja Kumar @ Raja Sahni S/o- Late Ashok Sahni R/v- Railway Hunder Road, East Lohanipur Ps- Kadamkuan Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh No. I, Advocate For the Opposite Party/s :
Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-12-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Kadamkuan P.S. Case No. 340 of 2022 for the offence under section 30(a) of the Bihar Prohibition and Excise Act lodged on 01.07.2022 by the informant, Rajesh Kumar.
3. As per the prosecution story, the informant alleged that a raid took place in the Railway Hunder Road and from there 29.720 liters of liquor recovered/seized. The people attributed the recovery to this petitioner which led to the FIR.
4. Learned counsel for the petitioner submits that recovery/seizure is from an open place but due to enmity, people named him and he do not have criminal antecedent.
5. Further, learned counsel for the petitioner relied on the judgment of the Full Bench of Hon'ble Patna High Court in the
Patna High Court CR. MISC. No.82452 of 2025(2) dt.10-12-2025 2/3 case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2) PLJR 1089 wherein it has been held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76(2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.
6. Learned APP opposes the prayer submitting that the locals gave the name of the petitioner.
7. Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra), as also that he do not have criminal antecedent and recovery/seizure is from an open place, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned 2nd Special Judge, Excise, Patna in connection with Kadamkuan P.S. Case No. 340 of 2022 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
Patna High Court CR. MISC. No.82452 of 2025(2) dt.10-12-2025 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T