Raja Kumar @ Raja Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89733 of 2024 Arising Out of PS. Case No.-294 Year-2024 Thana- MAJORGANJ District- Sitamarhi ====================================================== Raja Kumar @ Raja Babu S/o- Rajan Prasad @ Rajan Kumar Village - Bhavdepur Got @ Bhavdevpur Got, P.S. -Riga, Dist. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-01-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Majorganj Police Station Case No. 294 of 2024, disclosing offences under Sections 317(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on 10.09.2024, the informant while patrolling, reached near Koari Madan Tola turn at about 19:45 hours and started vehicle checking. During the checking, he saw that a motorcyclist was coming very fast from the direction of Koari Madan Chowk and behind him was a four wheeler. On seeing the police party, the motorcyclist took a uturn and started running towards Koari Madan village and the two persons riding the four wheeler abandoned the vehicle and started running towards the fields and with the help of the police party one person was chased and caught and the other person managed to escape. On query, the arrested person disclosed his

Patna High Court CR. MISC. No.89733 of 2024(2) dt.27-01-2025 2/2 name as Bhushan Kumar and when the name of the person who ran away was asked, he told his name as Gulzar Ansari and the name of the person who ran away on the motorcycle as Raja Kumar (petitioner). On search, total 396 liters of nepali desi saufi liquor was recovered from the white coloured Mahindra Scorpio.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to dirty villager politics. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner transpired on the basis of disclosure made by apprehended co-accused Bhushan Kumar. The seized Mahindra Scorpio vehicle does not belong to the petitioner.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is having seven criminal antecedents of similar nature of offence, I am not inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, rejected. (Anil Kumar Sinha, J) HarshPandey/- U T