Raj Kumar @ Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82768 of 2024 Arising Out of PS. Case No.-348 Year-2024 Thana- Excise P.S. District- Begusarai ====================================================== Raj Kumar @ Raja Kumar Son of Jogindra Singh @ Jogi Singh @ Yogendra Prasad Singh Resident of Village - Manjhaul Ward No.14, P.S. - Manjhaul, District - Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Randhir Kumar No.1, Advocate.

For the Opposite Party/s :

Mr. Gulnar Begum, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Begusarai Excise P.S. Case No.348 of 2024 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 376.560 liter illegal wine from a Chaur situated at Maheshwara. Allegation against the petitioner is that he fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that there is no recovery from the possession of petitioner. Learned counsel submits that the

Patna High Court CR. MISC. No.82768 of 2024(2) dt.11-12-2024 2/2 recovery of alleged liquor was made from an open place and petitioner was neither present on the spot nor he has any concern with the seized liquor. He further submits that petitioner has one criminal antecedent which does not belong to the Excise Act. Petitioner undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Excise Court-II, Begusarai in connection with Begusarai Excise P.S. Case No.348 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T