Raj Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1342 of 2025 Arising Out of PS. Case No.-48 Year-2024 Thana- RISIYAP District- Aurangabad ====================================================== Raj Kumar Gupta S/o- Bhola Brasad Gupta Village- Mohanganj, Barun PsBarun Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lalbahadur Singh, Adv For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-02-2025 Heard learned counsel appearing on behalf of the parties.

2. The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Risiyap P.S. Case No. 48 of 2024 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to be engage in illegal trading/manufacturing of illicit liquor, by using mahua flower where, there is recovery of 1800 kg dry mahua flower.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is implicated with the present case only being owner of the pick-up van carrying 1800 kg of mahua flower. It is submitted that nothing transpired till now that alleged consignment was connected in

Patna High Court CR. MISC. No.1342 of 2025(2) dt.05-02-2025 2/2 any manner with the petitioner. It is also submitted that petitioner is a man of clean antecedent.

5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.

6. In view of the facts and circumstances and by taking note of the fact as recovery of mahua flower primafacie not appears to be made from the conscious physical possession of this petitioner, accordingly the petitioner above named, in the event of his arrest or surrender before the learned trial court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-II, Aurangabad/concerned trial court where the case is pending in connection with Risiyap P.S. Case No. 48 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T