Allowed¶20

Raj kumar v. The State of Bihar

Patna HC7 Feb 2025CR. MISC./1633/2025

Case brief

AI extract

What is this about?

Bail granted; Criminal Miscellaneous No.1633 of 2025; Patna High Court; Rudra Prakash Mishra, J.; decided 07-02-2025; Excise PS Samastipur Case No. 325 of 2024; Section 30(a) Bihar Prohibition and Excise Act; recovery of 65.265 litres foreign liquor from plastic sack near Hanuman Temple; recovery from open place accessible to all; no criminal antecedent; custody since 16.12.2024; Section 103 of B.N.S.S.; parity with co-accused granted bail on 30.01.2025 in Cr. Misc. No. 3188 of 2025; bail bonds Rs.10,000/- with two sureties of like amount.

What did the court decide?

Release 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 Excise PS Samastipur Case No. 325 of 2024. ¶20

Raj kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, arraigned in Excise PS Samastipur Case No. 325 of 2024 instituted under Section 30(a) of the Bihar Prohibition and Excise Act, should be released on bail.

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Court's answer

Considering the facts and circumstances of the case, the petitioner's clean antecedents and the period of custody undergone, the Court is inclined to grant bail.

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Ratio / Principle

The petitioner is 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 Excise PS Samastipur Case No. 325 of 2024.

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Detailed headnote1 paragraphs

Patna High Court (Rudra Prakash Mishra, J.), by oral order dated 07-02-2025 in Criminal Miscellaneous No. 1633 of 2025, grants bail to Raj Kumar in connection with Excise PS Samastipur Case No. 325 of 2024, instituted for offences under Section 30(a) of the Bihar Prohibition and Excise Act, wherein 65.265 litres of foreign liquor was allegedly recovered from a plastic sack near Hanuman Temple. Counsel for the petitioner contended innocence, that the recovery was from an open place accessible to all, absence of criminal antecedents, custody since 16.12.2024, non-compliance of Section 103 of B.N.S.S., and that a co-accused had already been granted regular bail on 30.01.2025 in Cr. Misc. No. 3188 of 2025. Considering the facts and circumstances, the clean antecedents of the petitioner and the period of custody undergone, the Court released the petitioner 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.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1633 of 2025

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Arising Out of PS. Case No.-325 Year-2024 Thana- Excise P.S. District- Samastipur

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

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Raj kumar Son of Maheshwar Mahto village- Kewas jagir, Ps- Muffasil, DistSamstipur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 07-02-2025

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner seeks bail in connection with Excise PS Samastipur Case No. 325 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

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The prosecution case, in short, is that total 65.265 litres of foreign liquor was recovered from plastic sack near Hanuman Temple.

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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 recovery is made from an open place, which is accessible to

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Patna High Court CR. MISC. No.1633 of 2025(2) dt.07-02-2025 2/2

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one and all. The petitioner is in custody since 16.12.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted regular bail passed by this Court vide order dated 30.01.2025 in Cr. Misc. No. 3188 of 2025.

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

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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.

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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 Excise PS Samastipur Case No. 325 of 2024.

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(Rudra Prakash Mishra, J)

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Raj Ranjan/- U T

Raj kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Raj kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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