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2025 DAILYLAW 61648 (PAT)

Arjun Musahar @ Arjun Rikayasan v. The State of Bihar

CR. MISC./50783/2025 · 2025-07-31

Chandra Prakash Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50783 of 2025 Arising Out of PS. Case No.-385 Year-2023 Thana- RAJAOLI District- Nawada ====================================================== Arjun Musahar @ Arjun Rikayasan S/O Mistry Musahar @ Mistry Rikayasan R/O Vill- Mohkama, P.S- Rajauli, Distt.- Nawada. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Birendra Kumar, Adv. For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 31-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner has preferred this application for grant of regular bail in connection with Rajauli P.S. Case No. 385 of 2023 dated 18.07.2023 registered for the offences punishable u/ss 30(a), 30(d) and 41 of the Bihar Prohibition and Excise Act. 3. As per the prosecution case, total 220 litres of illicit country made liquor, 1200 litres of fermented jawa mahua, motorcycle and five bhatti were recovered near the bank of the lothraua river. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in Patna High Court CR. MISC. No.50783 of 2025(2) dt.31-07-2025 2/2 this case. It is further submitted that the petitioner has no concern with the alleged recovery rather the recovery has been made from an open place which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted anticipatory bail by this court vide order dated 07.03.2024 passed in Cr. Misc. No. 15155/2024. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 03.06.2025. 5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. 6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above- named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Rajauli P.S. Case No. 385 of 2023. 7. The application stands allowed. Gautam/- (Chandra Prakash Singh, J) U T