Raja Kumar @ Majnu @ Manjnu @ Raja Kumar Majnu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90296 of 2024 Arising Out of PS. Case No.-129 Year-2024 Thana- BANGARA District- Samastipur ====================================================== Raja Kumar @ Majnu @ Manjnu @ Raja Kumar Majnu S/O Late Yogendra Mahto R/O- Manpura PS- Bangara District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Bangara P.S. Case No. 129 of 2024 dated 11.10.2024, instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. Allegation is of recovery of 154.80 litres of foreign liquor from Tempo bearing Reg. No. BR33PA2253 and driver of the said tempo, namely, Manjay Kumar was apprehended on the spot.

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 nothing has been recovered either from the conscious possession of the petitioner or from his house.

Patna High Court CR. MISC. No.90296 of 2024(3) dt.19-04-2025 2/3 Only on the basis of confessional statement of apprehended accused, namely, Manjay Kumar, the petitioner has been made accused in this case. It is further submitted that the petitioner is neither the driver nor the owner of the said seized vehicle. Lastly, it has been submitted that he has one criminal case of similar nature 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 Bangara P.S. Case No. 129 of 2024, 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 Exclusive Special Judge Excise-01, Samastipur, subject to condition as laid down under Section 438(2) of the Cr.P.C. 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.

Patna High Court CR. MISC. No.90296 of 2024(3) dt.19-04-2025 3/3

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 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. (Khatim Reza, J) prabhat/- U T