Raj Kumar @ Raj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83046 of 2025 Arising Out of PS. Case No.-279 Year-2025 Thana- CHAUSA District- Madhepura ====================================================== Raj Kumar @ Raj Kumar Singh Son of Sanjay Singh @ Sanjay Kumar Singh Resident of Village- Lauvalagan Paschimi, Jayrampur Tola, Ward No. 5, P.S.- Chousa, Distt.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Chousa P.S. Case No. 279 of 2025 dated 20.10.2025, registered for the offence punishable under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act, 2022.

3. The allegation is of recovery of 25 litres country made liquor from Basa of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that the said Basa from where the seized illicit wine was recovered is situated away from the house of the petitioner. The said Basa is situated in open place, which is

Patna High Court CR. MISC. No.83046 of 2025(2) dt.10-12-2025 2/3 accessible to anyone. It is further submitted that the petitioner has no concern with the seized liquor. Lastly, it has been submitted that he has one criminal case against him.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Chousa P.S. Case No. 279 of 2025, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII-cum-Special Excise Judge-II, Madhepura, subject to condition as laid down under Section 482(2) of B.N.S.S. as also to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit that

Patna High Court CR. MISC. No.83046 of 2025(2) dt.10-12-2025 3/3 he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

5. The petitioner shall appear before the Police Station of his local area in the first week of each month till framing of the charge.

(Khatim Reza, J) prabhat/- U T