Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85504 of 2024 Arising Out of PS. Case No.-1901 Year-2024 Thana- Excise P.S. District- Muzaffarpur ====================================================== 1.
Raja Kumar Son of Surendra Singh Resident of Village- Karneji Milujiya, PS -Belsar OP, District- Vaishali at Hajipur 2.
Aninash Kumar Son of Marachhu Singh Resident of Village- Wajidpur, P.S.- Kudhani, Distt.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar For the Opposite Party/s :
Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-01-2025
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Muzaffarpur Excise Police Station Case No. 1901 of 2024, dated 22.10.2024, disclosing offence under Sections 30 (a)/32(3) of the Bihar Prohibition and Excise Act, 2016.
3. The prosecution case, as per the First Information Report, is that the police, on secret information that the petitioners along with co-accused persons, namely, Pintu Kumar, Saroj Kumar aned Ranjan Thakur have brought a huge consignment of illicit liquor through a tanker, reached the
Patna High Court CR. MISC. No.85504 of 2024(2) dt.08-01-2025 2/3 place of occurrence and intercepted a tanker and on seeing the police some persons, present in the tanker, fled away. On search, a total quantity of 1980 litres of illicit foreign liquor was recovered from the tanker.
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case with ulterior motive. He further submits that the petitioners are neither the owner nor the driver of the said tanker and they have been implicated in this case merely on secret information. He further submits that the petitioners have got no criminal antecedent.
5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the petitioners have been made accused in this case on the basis of secret information only and they have got no criminal antecedent, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each
Patna High Court CR. MISC. No.85504 of 2024(2) dt.08-01-2025 3/3 with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. II, Muzaffarpur, in connection with Muzaffarpur Excise Police Station Case No. 1901 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √