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2025 DAILYLAW 100768 (PAT)

Rajiv Kumar v. The State of Bihar

CR. MISC./36674/2025 · 2025-10-07

Sunil Dutta Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36674 of 2025 Arising Out of PS. Case No.-667 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Rajiv Kumar, S/O Ranjeet Prasad R/O Village- Samhari Garh @ Samghari Ghad, P.O.- Samhari Garh @ Samghari Ghad, P.S.- Roh, District- Nawada (805104). ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Baban Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 4 07-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in connection with Bidupur P.S. Case No. 667 of 2023, instituted for the offences under Sections 272, 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act. 3. On getting secret information regarding business of illicit liquor at Village Keshwarpur Chowk on a motorcycle, police team reached there. Seeing the police party, one person fled away leaving the motorcycle. On search, 200 litre country made liquor was recovered from two sacks, kept on the motorcycle. 4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner's motorcycle was stolen on 23.11.2022 and in this regard Patna High Court CR. MISC. No.36674 of 2025(4) dt.07-10-2025 2/2 he had given information to the concerned police station. Petitioner is a young boy and student of graduation. He has no concern with the seized liquor. Petitioner has no criminal antecedent. He undertakes to co-operate in the investigation and trial. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the Petitioner, above-named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1-cum- Addl. District and Sessions Judge, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 667 of 2023, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023. rakhi (Sunil Dutta Mishra, J.) U T