Rajesh Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Rajesh Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted; petitioner to be released on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court in connection with Amas PS Case No. 405 of 2024.

Issue for consideration

Whether bail should be granted to petitioner Rajesh Kumar in connection with Amas PS Case No. 405 of 2024 (offence under Section 30(a) of the Bihar Prohibition and Excise Act), notwithstanding the alleged breach of trust regarding seized liquor and the State's opposition to bail.

Court's answer

Considering the facts and circumstances of the case, the clean antecedent of the petitioner and the period of custody undergone by him, this Court was inclined to grant bail to the petitioner.

Ratio / Principle

The petitioner was directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court in connection with Amas PS Case No. 405 of 2024.

Detailed headnote1 paragraphs

Bail granted — Criminal Miscellaneous No. 1048 of 2025, High Court of Judicature at Patna, oral order dated 28-01-2025 by Rudra Prakash Mishra, J. Petitioner Rajesh Kumar, a police official, sought bail in Amas PS Case No. 405 of 2024, Thana AMAS, District Gaya, instituted under Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case: co-accused Anuj Kumar Sinha, a police official of Amas Police Station, Gaya, seized a huge quantity (100 litres) of Indian made foreign liquor from a car and, committing breach of trust over the seized liquor, had some of it (two cartoons measuring 18 litres) loaded into another car through one Prashant Kumar with intent to misappropriate. Counsel argued the petitioner was innocent, falsely implicated on extraneous consideration, nothing recovered from his conscious possession, in custody since 06-12-2024, with no criminal antecedent, and that there was no compliance of Section 103 of B.N.S.S.; the APP opposed bail. Considering the facts and circumstances, the petitioner's clean antecedent and the period of custody, the Court granted bail on bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1048 of 2025

Arising Out of PS. Case No.-405 Year-2024 Thana- AMAS District- Gaya

======================================================

Rajesh Kumar S/o Sri Rajendra Paswan R/o Vill.- Sare, P.S.- Sare, Distt.Nalanda

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 28-01-2025 Heard learned counsel for the petitioner and learned APP

for the State.

The petitioner seeks bail in connection with Amas PS Case No. 405 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, co-accused, namely, Anuj Kumar Sinha, being police officials of Amas Police Station, Gaya had seized a huge quantity (100 litres) of Indian made foreign liquor from a car and they had committed breach of trust with regard to the aforesaid seized liquor and loaded some of those seized liquor (two cartoons measuring 18 litres) in one another car with the intention to misappropriate it by calling one Prashant Kumar.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.1048 of 2025(2) dt.28-01-2025 2/2

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. Petitioner is a police official and he has been implicated in this case on extraneous consideration. The petitioner is in custody since 06-12-2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amas PS Case No. 405 of 2024.

(Rudra Prakash Mishra, J)

Raj Ranjan/- U T