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2025 DAILYLAW 109357 (PAT)

Rajan Kumar v. The State of Bihar

CR. MISC./74326/2025 · 2025-11-01

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.74326 of 2025 Arising Out of PS. Case No.-1172 Year-2025 Thana- Excise P.S. District- East Champaran ====================================================== Rajan Kumar S/o Ramjanam Singh R/o vill - Jhauwaram, Ward No 8, Ps- Dhaka, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 01-11-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Excise PS Case No. 1172 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 99 liters liquor was recovered from motorcycle. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is not the owner of the motorcycle in question Patna High Court CR. MISC. No.74326 of 2025(2) dt.01-11-2025 2/2 and he has no concern with the same. The petitioner is in custody since 27.07.2025 and has got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise PS Case No. 1172 of 2025. Raj Kishore/- Rudra Prakash Mishra, J) U T